Actus Reus: Flashcards

(9 cards)

1
Q

Actus Reus

A

A guilty act - the requirement of a voluntary act or an omission to act when an appropriate duty to act exists

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2
Q

Voluntary

A

MPC & TPC: Possession 6.01: possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession

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3
Q

Involuntary

A

Cannot be held liable for involuntary acts: reflex, convulsion, bodily movement during sleep, conduct during hypnosis, bodily movement not conscious

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4
Q

Involuntary MPC

A

MPC: Involuntary acts should not be punished because they cannot be deterred

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5
Q

Involuntary actions can be a defense in

A

strict liability

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6
Q

Unconsciousness can

A

show an involuntary act

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7
Q

Status crimes:

A

existing within a state with no action is unconstitutional

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8
Q

Duty to act

A

Statutory obligations
Status Relationship
Contractual Duty
Voluntary Assumption of Duty
Creation of Peril

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9
Q

Duty to act

A

Statutory obligations: when a statute imposes a duty to care for another

Status Relationship: when a person has a particular status relationship with another that gives rise to the duty of care

Contractual Duty: when a person has assumed a contractual duty to care for another

Voluntary Assumption of Duty:when a person voluntarily assumed the care of another and then secluded the other person in a way that prevented others from rendering aid

Creation of Peril: Creation of Peril (if cause risk or harm)

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