1(B). Actus Reus

Front 1

Actus Reus (AR) Includes:
(1) Prohibited _____.
(2) Prohibited _____.
(3) ______ Circumstance.

Back 1

b. Actus reus – prohibited result

c. Actus reus – prohibited conduct

d. Actus Reus – attendant circumstance

Front 2

AR prohibited result example?

Back 2

Homicide

Front 3

AR prohibited conduct example?

Back 3

Possession

Front 4

Three Requirments of AR?

Back 4

(1) Act must be VOLUNTARY
(2) No act if not concious
(3) All intentional acts are voluntary, but not all volntary acts are intentional.

Front 5

The three categories under Mens Rea (MR)?

Back 5

(1) Intent/Knowing
(2) Reckless
(3) “Criminal” Negligence

Front 6

Actus Reus (AR) Includes:
(1) Prohibited _____.
(2) Prohibited _____.
(3) ______ Circumstance.

Back 6

b. Actus reus – prohibited result

c. Actus reus – prohibited conduct

d. Actus Reus – attendant circumstance

Front 7

AR prohibited result example?

Back 7

Homicide

Front 8

AR prohibited conduct example?

Back 8

Possession

Front 9

AR attendant circumstance examples? (3)

Back 9

(1) Age of victim in Stat. Rape
(2) "At night" in burglary
(3) "personal property of another" in larceny.

Front 10

"an exertion of the will manifested in the external world or a non-occurrence involving breach of a legal duty to act."?

Back 10

Actus Reus

Front 11

Actus Reus Rationale?

Back 11

criminal law punishes acts, not thoughts.

Front 12

Three problems with Actus Reus Rationale?

Back 12

1. Problems of Proof – how do we prove thoughts?

2. Problem of Scope – Everyone would be criminal because we all have stray thoughts.

3. No real harm with thoughts alone

Front 13

AR Requirement: Behavior must be _____.

Back 13

Voluntary

Front 14

Three justifications for "Behavior is voluntary' AR Requirement?

Back 14

a. Cannot deter what is not voluntary

b. No need to isolate in a prison what is involuntary

c. No need to rehabilitate in a prison what is involuntary (criminal law not appropriate forum)

Front 15

Four main examples of involuntary behavior (behavior actor can't control)?

Back 15

a. Reflex
b. Somnambulism (sleep walking)
c. Seizure
d. Hypnosis

(Other movement beyond control of actor.)

Front 16

Failure of act may result in criminal liability when there is a _________________.

Back 16

Legal Duty to Act
(failure to act may be a criminal act)

Front 17

Five legal duties to act?

Back 17

Duty to act based on conduct

Duty based on statute

Duty based on status

Duty based on assumption of care

Duty based on creation of peril

Front 18

Rationale for legal duty to act?

Back 18

Tough to decide among all the non-actors.
(Hard to draw line of “who are culpable ones” – who are blameworthy in actus reus area as opposed to everyone else in world.)

Tough to prove why there was a failure

Few omissions are criminal – public does not fear passive behavior.

Tradition of individualism – doesn’t want to encourage others to interfere in our business – want law to limit failures to act that result in criminal liability.

Front 19

Newton holding?

Back 19

All persons are capable of committing crimes except for those who have involuntarily been rendered unconscious

Unconsciousness exists where the subject physically acts in fact but is not conscious of acting

Front 20

Decina case?

Back 20

D knew that he could have epileptic seizure, and did while driving, killing four people

Reckless homicide conviction upheld because the act was making the choice to drive, not actually killing the people

Front 21

Examples of different "Duty based on Status"?

Back 21

Husband/wife

Master/apprentice

Parent/child

Front 22

Duty based on assumption of care - two case examples?

Back 22

Pope

Jones

Front 23

Jones case holding/significance?

Back 23

D charged with involuntary manslaughter for failing to provide for a child whom she was watching over

Because relationship between child and D was unclear, no conviction

Front 24

Pope case holding/significance?

Back 24

D fed, housed, and cared for child

D did not stop mother from beating child, nor did she report the incident to authorities

Although court ruled in favor D, bad decision:
D could have alleviated situation
D probably assumed care of child given mother's condition

Front 25

An example of a legal duty created by statute?

Back 25

Selective Service

Front 26

Unconciousness is a complete defense to a crime (negates act element of crime) UNLESS...?

Back 26

Unconciousness is a complete defense to a crime (negates the act element of a crime) UNLESS the unconciousness is SELF-INDUCED.

Front 27

"SELF INDUCED unconciousness is no defense to a crime and D's actions while under self-induced unconciousness will satify the act requirement for crim. liability"

ANOTHER EXCEPTION TO GENERAL RULE?

Back 27

KNOWLEDGE OF PENDING CIRCUMSTANCES:

(i) A person can incure crim liab. by engaging in a course of conduct knowing he will or MIGHT become unconcious and do harm.
- Decina Case

Front 28

Unconciousness is a defense to ______ but not ____.

Back 28

Unconciousness is a defense to ACTUS REUS, but not MENS REA.

Front 29

Unconciousness need not mean...?

Back 29

Unconciousness need not mean a coma/total inertness.

Front 30

Example EXCEPTION to general rule of unconciousness?

Back 30

D starts a fight with A.
D struck in head and rendered unconcious.
While unconcious - D kills A.
D CAN be found guilty because he STARTED fight with A --- thus CAUSING his own unconciousness.

Front 31

In the special case of possesion, MOST COURTS and MPC view?

Back 31

Most courts and MPC

Possession is only an act if the person is aware she has the thing she is charged with possessing,

even where the statute prohibiting possession is silent

Front 32

In the special case of possession, SOME courts view?

Back 32

Some courts

Where the penalty is not severe, it is sufficient that D SHOULD have known she possesses the thing

Front 33

In the special case of possession, FEW courts view?

Back 33

Few courts

Drug possession statutes are interpreted as dispensing with any need to show that D knew or should have known of the presence of the drugs

Front 34

Three requirements for AR?

Back 34

(1) Voluntary
(2) No act if not concious
(3) All intentional acts are voluntary, but not all voluntary acts are intentional.

Front 35

Requirements for Act of Omission? (2)

Back 35

(1) D must have legal duty to act
(2) Must be possible for D to Act.

Front 36

Distinguish _______ from "duty based on creation of peril"?

Back 36

Distinguish ACCIDENTAL creation of peril.

Front 37

Most authorities view ______ result for an ACCIDENTAL creation of peril?

Back 37

MOST say --- Same Result!
(although less clear)

So, even though who accidentally create the danger, have a duty to act to prevent the harm.

EX: Cali Case
ACCIDENTALLY set house on fire but INTENTIONALLY let it burn for insurance $
The ACT was letting it burn!

ALSO - Status duty to put out fire because he was the owner of property!

Front 38

What time must MR occur?

Back 38

MR must occur at SAME TIME as AR.

Front 39

Crim law generally punishes omission to act/inaction only when there's a ____ duty to act and not a ____ duty to act.

Back 39

Crim law generally punishes omission to act/inaction only when there's a LEGAL duty to act and not a MORAL duty to act.

Rationale?

Hint 39

(1) Moral duty standard too broad. People have different morals, so what should standard be?

(2) Where would we draw the line?
[ex. Pestinikas case - what if mailman came by and heard screams?]

(3) Legal duties are more objective and easier to follow.

Front 40

Generally, D must have knowledge of the facts that...?

Back 40

Generally, D must have knowledge of the facts that CREATE THE LEGAL DUTY.

Front 41

Generally, D must have _____ to perform?

Back 41

Generally, D must have ABILITY/CAPABILITY to perform.

Front 42

Generally, D not required to have knowledge that the law.....?

Back 42

Generally, D not required to have knowledge that the law IMPOSES A DUTY TO ACT. (ignorance of law is no defense)

Front 43

Possesion requires voluntary exertion of _____ and _____ of baggie.

Back 43

Possession requires voluntary exertion of POSSESSION and CONTROL of bagie.

Front 44

The affairs tht must have existed when the act in question occurs.

Back 44

Attendant Circumstances

Front 45

Many crimes require Attendant Circumstances.

Whether or not D must be aware of Attendant Circumstance inolves _____ Analaysis.

Back 45

MR Analysis