Actus Reus Flashcards
(8 cards)
Approaches
Martin: all acts are voluntary
Newman: guilty if his conduct includes at least one voluntary act or omission and will foreseeably lead to prohibited conduct
Last Act: The last act, which turns non-criminal conduct into a crime must be voluntary
MPC: 2.01(2): must included at least one voluntary act.
Involuntary acts: 2.01(2)
(a) Reflex/convulsion
(b) Body movement while unconscious/asleep
(c) Conduct under hypnosis
(d) Movement that isn’t the product of the effort of the actor.
Actus Reus Notes
Utter:
Voluntary = Willed = anything more than unconscious
- Under duress = voluntary
Nelson: Willed act but Tourette’s = involuntary act.
Omission (MPC + CL)
Beardsley Rule: A person may be criminally liable if he owes a legal duty and his omission to perform such duty causes harm.
- Statutory duty
- Stands in a certain relationship to another (spouse, child, parent)
- Assumed a contractual duty to care for another
- Where one has voluntarily assumed the care of another and secluded them so that others cannot render aid.
- Creation of peril
- Mandatory reporting is often in place and criminally punishable – especially for professionals.
Omission Note
Barber: no duty when performing would be futile
Possession (MPC + CL)
Possession takes the place of a voluntary act when possessor:
1. is aware of his control over an item (and) fails to terminate his control over it in sufficient time
or
2. Knowingly receives the thing - Requires control – Kitchen
Constructive Possession (MPC + CL)
Constructive possession: When a person without actual possession knowingly has the power and intention to exercise dominion or control over an object.
Actual Possession
Knowing and direct physical control over an object.
- Not all things are possessed equally. Courts don’t like guns and will find possession instantly unlike drugs.
Defense of Possession
“I didn’t have time to terminate my possession”
