Actus Reas

Question 1

What is Actus?

Answer 1

Actus reus refers to the physical act or conduct that constitutes a crime.
It must be a voluntary act or an omission where there is a legal duty to act.

Question 2

does unlawful conduct need to be voluntary?

Answer 2

Yes

Question 3

What is a conditioned response

Answer 3

Conditioned response = involuntary ≠ actus reus!!!!!!!!

Question 4

Omission

Answer 4

Failure to act when there is a duty)
Duty + failure to act/ omission → crime

Question 5

If D has no duty to act but deters others from helping V by saying “I’ll save him,” can D be criminally liable?

Answer 5

Yes. if one has no duty to act and deters other from helping a hurt person by saying “do not worry I will help” they can be found guilty because they created the duty once they verbally stated that they will help. !!!!!!!!!!!!

Question 6

Cases where failure to act is breach of legal duty

Answer 6

Criminally liable
Certain status relationships to another
Assumed a contractual duty to care for another
One has voluntarily assumed the care of another and so secluded the helpless person as to prevent other from rendering aid
When a person creates a risk to another

Question 7

Can a physician be charged of murder when taking patient in vegetative state off of life support?

Answer 7

No. The physician has no duty to continue treatment once it has been deemed ineffective
UNIQUE: The patient did not have a chance to live therefore no actus reus, if the patient did have a long time to live the doctor would be considered guilty because actus reas is present

Question 8

If a patient does have a long time to live and the physician takes V off life support can they be criminally liable?

Answer 8

Yes. This case is difference beccause there is no indication of a vegetative state.