Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
25 Cards in this Set
- Front
- Back
|
Actus reus |
The guilty act.
Voluntary act; a bodily movement or an omission of one where there is a duty to act.
There must be action or physical movement, it is the overt physical action that makes the person liable for the crime.
|
|
|
Voluntary Act |
A bodily movement coupled with the supposedly conscious desire to make that movement. |
|
|
Involuntary Act |
A reflexive, or unconscious movement. Reflex, convulsion, sleepwalking, hypnosis are examples. |
|
|
The following are NOT voluntary acts: |
- A reflux or convulsion - A bodily movement during sleep or unconsciousness - Conduct during hypnosis or resulting from hypnotic suggestion; - A bodily movement that otherwise is not a product of the effort or determination of the actor either conscious or habitual -MPC 2.01 |
|
|
Unconsciousness: MPC 2.01(2) |
-Not self induced as by voluntary intoxication or the equivalent - A complete defense to homicide - Need not reach the extent of coma, inertia, incapability of locomotion, or of manual action - Can exist where the subject physically acts in fact but is not, at the time, conscious of acting - Evidence can be that of the actor's testimony that he was not aware. |
|
|
Elements of a crime
4 categories |
1) THE ACT (ACTUS REUS) 2) THE MENTAL STATE (MENS REA) 3) CAUSATION 4) ATTENDANT CIRCUMSTANCES |
|
|
Attendant Circumstance |
A fact that must exist to hold DF liable but that DF need not cause. (Ex: "nighttime" as an element of burglary) |
|
|
Result |
A fact that must exist but DF must cause it. (Ex: for homicide you have to have death) |
|
|
Mental State (Mens rea)
|
1) Purpose 2) Knowledge 3) Recklessness 4) Negligence |
|
|
Model Penal Code Elements §1.13(9) defines element of an offense as: |
(9) "element of an offense" means (i) such conduct or (ii)such attendant circumstances or (iii) such a result of conduct as
(a) is included in the description of the forbidden conduct in the definition of the offense; or
|
|
|
Model Penal Code Elements §1.13(9) defines element of an offense as: |
(b) establishes the required kind of culpability; or |
|
|
Model Penal Code Elements §1.13(9) defines element of an offense as: |
(c) negatives an excuse or justification for such conduct or |
|
|
Model Penal Code Elements §1.13(9) defines element of an offense as: |
(d) negatives a defense under the statute of limitations; or
|
|
|
Model Penal Code Elements §1.13(9) defines element of an offense as: |
(e) establishes jurisdiction or venue |
|
|
Model Penal Code Elements §1.13(10) defines material element of an offense as: |
"material element of an offense" means an element that does not relate exclusively to the statue of limitations, jurisdiction, venue, or to any other matter similarly unconnected with (i) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (ii) the existence of a justification or excuse for such conduct. |
|
|
Martin v. State |
- Appellant was convicted of being drunk on public highway (manifested a drunken condition by using loud & profane language in a public place). -Facts: Police officers arrested Martin at home and took him out onto the highway where the crime occurred. -Rule of law- A voluntary act is a necessary element of the crime at issue. -Here, the arresting officers forcibly carried the drunk Martin into the public place where the crime occurred! So, Martin could not have voluntarily committed the essential element of being in a public place (he was carried there) -Reversed. |
|
|
West v. Commonwealth |
- Appeal by Russel West from his conviction for Reckless Homicide ( co-def Ann west convicted of complicity to RH of his sister, Lillian West. - Facts: In 1983, Lillian& Russell's mother passed away and Russell assumed care of Lillian ( who has Down Syndrome). -12/31/92 Russel delivered Lillian to the ER where doctors were shocked by her condition. - Lillian passed away on 1/17/93 due to bronchial pneumonia & sepsis cause by the ulcers and bedsores. - Wests claim they had no legal duty to care for Lillian, so their omissions could not constitute their crime. - "Caretaker" defined by Kentucky statute, includes situation where one assumes the duties. |
|
|
Omission as Actus Reus:
Situation where failure to act may constitute breach of a legal duty: |
-First, where a statue imposes a duty to care for another. -Second, status relationship to another (i.e., Parent-Child). -Third, where one has assumed a contractual duty to care for another. -Fourth, voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid.
Creation of danger- if you create the dangerous situation, then you have a duty to save those you put in peril. Landowner Duty to control- if responsible for third party |
|
|
MPC and Omission |
-§2.01 (3) A failure to act. Generally not punishable. *Exceptions: - When the statute defining the offense expressly states that failure to act is a crime. - A duty to perform the omitted act is imposed by law. |
|
|
Possession as Actus Reus
Model Penal Code 2.01 (4) |
Possession is an "act" within the meaning of this Section, - if the possessor "knowingly" procured or received the thing possessed ( but no need to know the thing's nature, e.g, as cocaine); or - was aware of his control thereof for a sufficient time to have been able to terminate his possession. |
|
|
Possession as Actus Reus
|
-Possession and Control:Many possession statutes require proof that the DF actually physically possesses the item (in the commonsense understanding of this idea) or at least exercises dominion or control over the item if no physical possession. - Constructive Possession- Do not have to be in possession to be exercising "control & dominion over the thing. "Mere presence is not enough" pg 95 Watson v. State ~However, "mere presence" and "awareness" may be enough. |
|
|
Cox v. Director of Revenue |
- Steven Cox driving privileges were suspended for "driving or operating a motor vehicle" while intoxicated. -Facts: Cox discovered unconscious or asleep at the wheel of his car in the parking lot of a gas station. Keys in the ignition, motor was running, and the gear shift was in 'park'. -.18%!! - Define the term "physically driving or operating." - In 1996, the legislature amended the statue to delete "or being in physical control of, " thus narrowing the scope and meaning of the statute. - However, the definition of operate ( to cause to function) clearly includes a vehicle running with keys in ignition. -Circuit court reversed (suspension order reinstated). |
|
|
State v. Winsor |
-Winsor was convicted of one count of possession of a controlled substance (marijuana) on the premises of a county jail. -He had marijuana hidden in his shorts. -He claims lack of a voluntary acts, since he was involuntary in the county jail!!! -Analysis: irrelevant whether he was voluntarily present at the country jail; rather the issue is whether he voluntarily/knowingly possessed the marijuana. -Conviction is affirmed.
|
|
|
Watson v. State |
-Appellant & his cousin convicted of possession of crack cocaine. -Facts: Appellant was found by police asleep on his cousins bed in his cousins bedroom (Gma's apartment) Cocaine was on the dresser. -Issue is whether there is sufficient evidence that appellant constructively possessed the cocaine: that appellant had control or dominion over bedroom? - Though appellant was a frequent visit to his cousins room, there was no evidence that he lived in the room, had control over it, or even knew of the drugs. Conviction is reversed. |
|
|
Robison v. California |
- Robinson was convicted in Municipal Court of being "addicted to narcotics" based on the testimony of officers who observed his tracks on his arms and heard his admissions that he had used narcotics. -Issue is the constitutionality of the Cali statute making it a crime to be addicted to narcotics. -Analogy to mental illnesses, lepers, venereal disease. - Conviction of a status offense violates the 8th &14th amendments. |
