Actus Reus (Voluntary Act, Omissions, Social Harm) Flashcards
(38 cards)
What are the components of a Crime?
(1) actus reus
(2) mens rea
What is an Actus Reus?
the physical or external part of the crime; both the conduct and the harmful result
Actus Reus= ___________ + ___________ + _________________
= voluntary act + causation + social harm
What is a voluntary act?
Under both the common law and MPC §2.01, a person is not ordinarily guilty of a criminal offense unless his conduct includes a voluntary act [or the omission to perform an act of which he is physically capable].
Voluntary act requires:
- The prosecution must demonstrate that ∆’s act was motivated by a voluntary WILLED movement.
- overt act
- It was not automated (automism)
- It was the use of the mind, not the brain
- You can broaden the actus reus time span, like dawn to to dusk State. Utter.
Does the criminal law punish mere thoughts?
NO; there must be a voluntary act;
One is responsible only for those consequences that are caused by his action and NOT for those things in which his body, but not his acting self, is causally implicated.
Common Law definition of Voluntary Act:
the act is a willed muscular contraction or bodily movement by the actor.
Not just a physical movement.
Use of mind, not just brain.
How much movement is required to constitute a voluntary act?
The slightest muscular contraction or bodily movement constitutes an act.
What is a conduct crime?
the actus reus will not include any harmful, tangible result;
penalizes conduct
what is a result crime?
offense seeks to prevent or punish a harmful result
Involuntary Acts include:
- Reflex or convulsion.
- –Reflex like in State v. Utter could’ve been a partial defense. If he hadn’t been drinking all morning. They broadened the statute here so that they could reconcile the People v. Du case with State v. Utter. Since Du had been broaded to keep her on probation instead of free back to the streets.
- Bodily movement while unconscious or asleep.
- Conduct during hypnosis or as a result of hypnotic suggestion.
- Bodily movement that otherwise is not a product of effort/determination of actor, either conscious or habitual.
What constitutes an involuntary act?
UNWILLED acts controlled by the brain and not by mind are involuntary.
Some bodily movements are the result of impulses from the brain that direct the person’s bodily movements. Seizures/Acts during sleep walking.
How does MPC 2.01 deal with voluntary acts?
Does not provide a definition of voluntary act except by providing examples of involuntary acts.
§2.01 – Requires voluntary act/omission to perform act which the actor is physically capable. No liability for involuntary acts where ∆ has no conscious control.
People v. Decina
Epileptic driver has a seizure and kills 4 people while driving
D knew that he suffered from epileptic seizures and continued to voluntarily drive car; he had a seizure while driving and killed 4 people;
prosecution is able to prove acts reus because even though the seizure was involuntary, the D shouldn’t have been driving if they knew they suffered from epilepsy.
What is the Utilitarian’s rationale for the requirement of a voluntary act?
A person who acts involuntarily cannot be deterred. Therefore it is useless to punish the involuntary actor. It results in pain without the benefit of crime reduction.
Counter Argument – It is true that persons cannot be deterred during their involuntary conduct, but the threat of punishment might deter persons from placing themselves in situations in which their involuntary conduct can cause harm to others.
(Ex. Decina – driving while prone to epileptic seizures).
What is the Retributivist’s rationale for the requirement of a voluntary act?
A more persuasive justification for the voluntary act requirement is that blame and punishment presuppose free will: a person does not deserve to be punished unless she chooses commit a wrongful act.
Policy question:
Why does an act have to be voluntary?
It would undermine personal security to punish involuntary actions
Voluntary action means the person knows and willingly takes responsibility for the consequences of their actions.
Utilitarian Reasons
Retributivist Reason
Address the purpose of the criminal law discussed (Blackstone and Harlan)
What is the Rule of Omissions?
The criminal law generally punishes an individual only for the affirmative harm he himself inflicts.
Can a D be held criminally liable for an omission?
Generally, one cannot be held criminally liable for an omission unless an exception applies and creates a LEGAL DUTY
Does an omission satisfy actus reus?
NO; omission does not satisfy actus reus because it is NOT a voluntary act
Omissions:
People v. Beardsley
Is one under a legal duty to care for a houseguest so that the failure to do so makes one criminally punishable for any resulting harm?
No. A legal duty to care for another is only established under limited circumstances. It can be imposed by law or by contract. It can also arise in situations where one takes the role of guardian or protector, such as a mother towards her child or a husband towards his wife. If one is under a legal duty of care and fails to provide it, that person is criminally liable for any resulting harm. But if no such legal duty exists, one is at most morally culpable for failing to assist.
What is the rationale behind Omissions?
- Proving the Omitter’s State of Mind – Criminal conduct requires a guilty state of mind (mens rea). It is too difficult to determine the state of mind of one who fails to act. Because there are a possible hundred reasons for why someone didn’t act. Maybe they were too shocked to act, maybe it all happened too fast.
- Promoting Individual Liberty/Line Drawing Problems – In a society that is premised on individual liberties and limited government, the criminal law should be used to prevent persons from causing positive harm to others, but it should not be used to coerce people to act to benefit others. Criminal law should be limited only to punishing the most serious moral wrongdoings and not non-doings. Otherwise, where do you draw the line at what people should do? Personal Autonomy is the most important.
- Making Things Worse – Well meaning bystanders may make matters worse by intervening. Therefore a rule requiring assistance might cause more harm than good.
MPC 2.01(3)(a) – Omission and Legal Duty
∆ has a legal duty to act if the statute defining the offense expressly states that failure to act is a crime.
∆ has a legal duty to act imposed by civil law.
What is the Bystander Effect?
when there is a large group of people that witness someone in need, but nobody wants to take the responsibility of helping because they all feel that someone else in the group will take action before they have to.
