Actus Reus

Question 1

Actus Reus is?

Answer 1

requires an action, resulting harm and attendant circumstances

Question 2

Actus Reus requires?

Answer 2

Both movement and voluntary participation in that movement (Martin)

Question 3

Unconscious or automatistic action?

Answer 3

Question of fact for jury, but not dispositive (Utter)

Question 4

Failure to perform act or an omission? CL

Answer 4

Only actus reus if defendant had duty to act and failed to do so
duty imposed by statute, relationship, contract, assumed care and secluded, creator of risk, good samaritan laws

Question 5

MPC 2.01 Not Voluntary acts

Answer 5

1. reflex or convulsion
2. Bodily movement during unconsciousness or sleep
3. conduct during hypnosis or resulting from hypnotic suggestion
4. bodily movement that otherwise is not a product of the effort or determination of the actor either conscious or habitual

Question 6

MPC 2.01 Liability for omission

Answer 6

No liability unless
1. omission is expressly made sufficient by the law defining the offense; or
2. duty to perform the omitted act is otherwise imposed by law

Question 7

Eight amendment implications

Answer 7

unconstitutional to punish someone for their status as person with addiction (Robinson)
a. but can punish for public intoxication (Powell)
b. can’t arrest someone fro sleeping on sidewalk if no beds available (martin)
cruel or unusual to punish someone for an act they cannot voluntarily avoid