Actus Reus

Question 1

Actus Reus

Answer 1

The physical or external part of the crime. Actus reus is to be interpreted as the comprehensive notion of act, harm and its connecting link, causation, with actus expressing the voluntary physical movement in the sense of conduct and reus expressing the fact that this conduct results in a certain proscribed harm, i.e., that it “causes” an injury to the legal interest protected in that crime.

Question 2

Three Elements of Actus Reus

Answer 2

(a) (1) a voluntary act (or rarely, a failure to act (omissions)); (b) (2) that causes;
(c) (3) social harm

Question 3

Voluntary Act

Answer 3

A voluntary act: One is responsible only for those consequences that are caused by his actions.
(1) Voluntary: A human being causes the bodily action, and it is of their own conscious will to do so

(2) Act: A bodily movement, a muscular contraction. Involves physical, although not necessarily visible behavior.

Question 4

Voluntary Act under the Model Penal Code

Answer 4

(1) Provides that no person may be convicted of a crime in the absence of conduct that includes a voluntary act or the omission to perform an act of which he is physically capable.
(2) Defines act as a bodily movement whether involuntary or voluntary
(a) It does not determine voluntary except partially and indirecting by listing bodily movements that are involuntary
(i) Reflexes, convisons, conduct during unconsciousness, sleep, or due to hypnosis, any conduct that is not a product of the effort or determination of the actor, either conscious or habitual.
(3) For possession, it constitutes an act if the possessor either knowingly obtained the object possessed or knew she was in control of it for a sufficient period to have been able to determinant possession

Question 5

Mens Rea vs Voluntary Act

Answer 5

(1) Mens rea: Signified the actor’s state of mind regarding the social harm of the offense
(2) Voluntary act: Applies to an act that caused the social harm.

Question 6

Involuntary Act Defense

Answer 6

Not responsible for the consequences that are caused by actions in which the body is causally implicated by means of the body (reflexive actions, spasms, seizures, convulsions, and bodily movements while the actor is unconscious or asleep)

Question 7

Two ways that Actus Reus can be defined in offense

Answer 7

1. Affirmative Act: engaging in certain acts
   Example: possession of drugs, possession of firearm, burglary, larceny
2. Omission: failing to act or do something
   Example: failing to pay your taxes, failing to report a crime when you have the duty to, negligence

Question 8

Defenses to Actus Reus (aka involuntary acts)

Answer 8

1. Hypnotism
2. Involuntary muscle spasm
3. sleepwalking
4. sudden seizures (note: if you knew about your condition and did not take measures against it then this could be an issue to the defense)

Unconscious Acts that are NOT self induced:
1. someone gives you a dink that is laced with something - resulting actions would have unconsciousness as a defense

Question 9

Omissions

Answer 9

Rule: a person has no criminal law duty to act to prevent harm to another, even if they can do so at no risk to themself, and even if the person imperiled may die without assistance

*moral culpability does not always mean criminal culpability

Question 10

Exceptions to the omissions rule

Answer 10

1. statute that says you must care for the victim (good samaritan laws)
2. When one has a certain status relationship to the victim (parent/guardian)
3. contractural duty (babysitter, caregiver)
4. where one created the danger to the victim in the first place, even if it was accidental
5. where one has voluntarily assumed the care of another and so secluded the victim to prevent others from rendering aid
6. when one starts giving aid (then they have a duty to continue)