Actus Reus

Question 1

What is Actus Reus?

Answer 1

Criminal act

Question 2

What is Possession?

Answer 2

• Knowing

- Either constructive or actual

Question 3

What are the components of Actus Reus?

Answer 3

• Voluntariness (which includes possession)
• Omission
• Volitional
• Possession

Question 4

State v. Barger

Answer 4

• Possession of child pornography case

- Court holds that automatic internet data storage doesn’t count as possession

Question 5

U.S. v. Alkhabaz

Answer 5

• Boy sent emails “planning” violent sexual threats to a third party through a forum
• “True threat” = reasonable person would take statement as serious intention of bodily harm, and would perceive such expression as being communicated to effect some change or achieve some goal through intimidation
• Court holds that without any action, this is not a “true threat”

Question 6

What is voluntariness?

Answer 6

• The focus of criminal law, we only punish voluntary acts
• Encourages deterrence, retribution, and rehabilitation
• Puts burden on the prosecution
• Any evidence which casts doubt to voluntariness is relevant

Question 7

What is a status crime?

Answer 7

• Punishment for a status rather than an act

- Status like homelessness, race, gender, etc.

Question 8

Robinson v. California

Answer 8

• CA statute made “addiction to narcotics” illegal
• Court holds that imprisoning those with addiction is cruel and unusual in violation of 8th and 14th amendment
• Court holds criminalizing addiction is a status crime

Question 9

Jones v. City of LA

Answer 9

-LA city municipal code that made sleeping, sitting, or lying on the street is illegal
-Many homeless people arrested in violation of code with $1000 fine and 6 months in jail
-Court holds the code to be a status crime because there weren’t enough beds, so violating the code was involuntary
-

Question 10

What is constructive possession?

Answer 10

• Knowledge of
• Power over, or
• Intent to exercise control

Question 11

What is actual possession?

Answer 11

-In your hot little hands

Question 12

What is omission?

Answer 12

• Failure to act
• Entitled to a jury instruction about duty
• No duty to act unless:
• -Statute imposes a duty
• -Status relationship
• -Contractual obligation
• -Voluntarily assumed care and secluded the person as to prevent others from rendering aid