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ACTUS REUS - Coggle Diagram
ACTUS REUS
The physical/external part of crime: A
culpable
act with a
resulting harm
*there has to a causal link between the act and result
What are the key components to actus reus?
Result Crimes
- the intent of legis. is to prevent the RESULT; the social harm is
what the conduct results
CAUSATION
Proximate
Cause
Common Law
Is it a result crime?
Was D's conduct the actual cause in fact?
but-for, substantial factor, or acceleration
2 more items...
MPC
MPC 2.03
If the result of the defendant's conduct is within the contemplation or purpose of the victims harm, then the defendant is in the proximate cause
UNLESS
the conduct is to remote or accidental from the result.
Cause-in-Fact
(Actual Cause)
Common Law
But-For
Bur-for the defendants conduct the resulting harm would have not occured
Substantial Factor
Requires
(1)
two or more actors
(2)
working independently and concurrently and
(3)
& eithers conduct could have cause the result but not clear on which
Acceleration
if the defendants actions accelerates the prior conduct, defendants actions would be the actual cause of the result
MPC
2.03 adopts but for test
Conduct Crime
- the intent of legis. is to prevent the CONDUCT; the social harm is the conduct itself.
Small aspect of willed volition
Intent to do the conduct (e.g. Intentionally pulling the trigger)
What could a culpable act (conduct) be?
Voluntary
Act
Common
Law
: Requires that ALL acts be voluntary
Exceptions
: If the Def. was forced; automatistic (unconscious state);convulsions or reflexes
Martin v. State
and
State v. Utter
MPC
Requires at least ONE act be voluntary (so not all but at least one
MPC 2.01(1)
: "A person is not guilty of an offense UNLESS. . . conduct includes
A
voluntary act or omission to perform and act of
which he is physically capable
"
Exceptions under MPC 2.01(2)
"the following are
NOT
voluntary acts"
(a)
reflex/convulsion
(b)
bodily movement during unconsciousness or sleep
(c)
conduct during hypnosis or resulting from hypnotic suggestion
(d)
bodily movement otherwise not a product of effort of the actor
Omissions
:failure to act
Common Law
:: the ONLY way that an omission can support culpability if there is a
legal duty
(1) where a
statute imposes the duty
(2) where one stands in a certain
status relationship
to another (3) where one has assumed
contractual duty
of care to another (4) has
voluntarily assumed the care of another
AND so secluded the helpless person as to
prevent others from rendering aid
(5) if a person creates the risk of harm
text
and does get harmed but
fail to assist
People v. Beardsley
MPC
: agrees with Common Law
2.01(3) liability for the commission of an offense
MAY NOT
be based an omission
UNLESS*
(a) the omission is expressly made sufficient by the law (it is within the statute)
OR
(b) a duty to perform the omitted act is otherwise imposed by law (has to be a legal duty)
Possession
MPC 2.01(4)
Possession is an act . . .if the possessor
KNOWINGLY procured
OR
received
the thing possessed OR
WAS AWARE of his control thereof for a sufficient period to have been able to terminate his possession
(failing to terminate possession
THIS IS AN OMISSION!!!
)