Actus Reus: Flashcards
(9 cards)
Actus Reus
A guilty act - the requirement of a voluntary act or an omission to act when an appropriate duty to act exists
Voluntary
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
Involuntary
Cannot be held liable for involuntary acts: reflex, convulsion, bodily movement during sleep, conduct during hypnosis, bodily movement not conscious
Involuntary MPC
MPC: Involuntary acts should not be punished because they cannot be deterred
Involuntary actions can be a defense in
strict liability
Unconsciousness can
show an involuntary act
Status crimes:
existing within a state with no action is unconstitutional
Duty to act
Statutory obligations
Status Relationship
Contractual Duty
Voluntary Assumption of Duty
Creation of Peril
Duty to act
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)