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9 Cards in this Set
- Front
- Back
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CL req. for Actus Reus
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Voluntary Physical act or an omission when there is a legal duty to act
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Voluntary Act under CL
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Movement of the body that is "willed" or "directed" by the actor. (E.g., Habit - driving on auto pilot)
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Involuntary Act under CL
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Those over which the ind. has no conscious control. Sleepwalking, epileptic seizure, bodily mov't when struck by another pers, hypnoisis
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Omission & Legal Duty (when one is imposed civilly)
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Rel. (parent/child); stat (report child abuse); K to provide care (nursing home); voluntary assumption (taking a sick pers into your home); creation of peril (push one in lake - must rescue); Duty to control the conduct of another (employer); duty of landowner (emergency exits)
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MPC Actus reus
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a bodily mov't. whether voluntary or involuntary [1.13(2)] but only those acts that are vol. or based on an omission to perform an act of which the actor is physically capable are punishable. [2.01 (1)]
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MPC voluntary act
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an ind.'s own conduct will support crim L [1.05]
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MPC involuntary acts
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reflex or convulsion; unconsciousness or sleep; hypnosis; bodily mov't. that otherwise is not the product of the effort or determination of the actor, either conscious or habitual
[2.01 (a)] |
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MPC Omission of a Legal Duty
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stat defining failure to act is a crime (file an income tax); Act imposed by the law (parent to provide food for child)
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MPC material elements of actus reus
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Conduct = phys. behav. of D (shooting gun or driving a car)
Circumstance = objective fact or condition (burglary = @ night) result = consequence or outcome caused by D's conduct (shooting - death) |
