BIG PICTURE: 4 NECESSARY ELEMENTS OF A CRIME [concept of what a crime is]

• Actus Reus (a voluntary physical act) &

• Men Rea (mental state/ culpable intent)
• Cause (concurrence b/w mens rea & actus reus)
• Harmful result
Note:
- U need an overt act to demonstrate ur intent
- The mental state motivating & driving the physical act
- Causal linkage b/w the mental state & the physical act of the D’s criminal conduct
- Criminal conduct caused the harmful result

Side note: MODEL PENAL CODE (MPC) the states may adopt MPC [statutes] in part
or whole or may revise to their liking. No longer use common law of crime, except
for burglary (theft)

WEEK 1: LECTURE 1

TOPIC: THE ACT REQUIREMENT & THE MENTAL STATE

THE ACT REQUIREMENT:

I. ACTUS REUS [ 1)a voluntary act; 2) that causes; 3) social harm]

Side note: Model Penal Code Article 2 General Principles of Liability Section 2.01
Requirement of Voluntary Act; Omission as Basis of Liability; Possession as an Act
3 kinds of acts: a) voluntary (involuntary); b) omission; c) possession
A. The act must be voluntary (MPC 2.01)
• MPC Def: a person is not guilty of an offense unless his liability is
based on conduct which includes a voluntary act or the omission to
perform an act of which he is physically capable.
• the state/prosecution has the burden to prove beyond a reasonable
doubt the existence of the voluntary act
• Voluntary acts are indirectly defined.

Rule: A person cannot be held liable 4 act committed while unconscious (b/c
involuntary act). “State v. Hinkle”- drove car while unconscious due to undiagnosed
brain disorder later discovered & killed woman, so not charged w/ involuntary
manslaughter.

Rule: one cannot be convicted of an act forced by someone else/ involuntary. Martin
v. State: police forced a drunk into public against his will, then charged him w/
public drunkenness.

Rule: Ur criminally liable for an act done while unconscious if ur aware that ur prone
to that act/behavior. People v. DeCina- (NY) an epileptic who knew he could have
seizures (took meds) & drove into 4 school children & killed them. D was found
guilty. The original turning of the key was the initial act of negligence.