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9 Cards in this Set

  • Front
  • Back
CL req. for Actus Reus
Voluntary Physical act or an omission when there is a legal duty to act
Voluntary Act under CL
Movement of the body that is "willed" or "directed" by the actor. (E.g., Habit - driving on auto pilot)
Involuntary Act under CL
Those over which the ind. has no conscious control. Sleepwalking, epileptic seizure, bodily mov't when struck by another pers, hypnoisis
Omission & Legal Duty (when one is imposed civilly)
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)
MPC Actus reus
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)]
MPC voluntary act
an ind.'s own conduct will support crim L [1.05]
MPC involuntary acts
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)]
MPC Omission of a Legal Duty
stat defining failure to act is a crime (file an income tax); Act imposed by the law (parent to provide food for child)
MPC material elements of actus reus
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)