Scribd Logo
Upload

Welcome to Scribd!

  • Actus Reus

    Uploaded by

    ngfinder
    38 views1 page
    The document discusses the requirement of a voluntary act, known as the actus reus element, for criminal liability. Under the Model Penal Code, a voluntary act is defined as an action or failure to act that is physically possible for the person. Certain involuntary movements like reflexes or movements during unconsciousness are excluded. Liability cannot be based solely on an omission without any accompanying action, unless a statute specifies otherwise. The requirement of a voluntary act balances the need to prevent harm with principles of culpability, evidence, freedom from compulsion, and limiting criminalization to dangerous behavior.

    Original Description:

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The document discusses the requirement of a voluntary act, known as the actus reus element, for criminal liability. Under the Model Penal Code, a voluntary act is defined as an action or failure to act that is physically possible for the person. Certain involuntary movements like reflexes or movements during unconsciousness are excluded. Liability cannot be based solely on an omission without any accompanying action, unless a statute specifies otherwise. The requirement of a voluntary act balances the need to prevent harm with principles of culpability, evidence, freedom from compulsion, and limiting criminalization to dangerous behavior.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    38 views1 page

    Actus Reus

    Uploaded by

    ngfinder
    The document discusses the requirement of a voluntary act, known as the actus reus element, for criminal liability. Under the Model Penal Code, a voluntary act is defined as an action or failure to act that is physically possible for the person. Certain involuntary movements like reflexes or movements during unconsciousness are excluded. Liability cannot be based solely on an omission without any accompanying action, unless a statute specifies otherwise. The requirement of a voluntary act balances the need to prevent harm with principles of culpability, evidence, freedom from compulsion, and limiting criminalization to dangerous behavior.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    TOPIC: Actus Reus (MPC §2.

    01)
    Common Law § 2.01. Requirement of Voluntary Act; Omission as Basis of
    Liability; Possession as an Act.
    CL does not have statutory definitions of “voluntary (1) A person is not guilty of an offense unless his liability is based
    act” on conduct that includes a voluntary act or the omission to
    perform an act of which he is physically capable.
    Rule w/ Key Terms (bolded)

     IL requires a “voluntary act” but doesn’t define


    it (2) The following are not voluntary acts within the meaning of this
     CA only provides that a person who acted Section:
    “without being conscious thereof” is a defense
    (a) a reflex or convulsion;
    Generally accepted instances of involuntary conduct: (b) a bodily movement during unconsciousness or sleep;
    (c) conduct during hypnosis or resulting from hypnotic suggestion;
     The movement cannot be physically coerced (d) a bodily movement that otherwise is not a product of the
     The movement cannot be a reflex movement effort or determination of the actor, either conscious or habitual.
     Act cannot be the result of a muscular
    contraction or paralysis produced by disease (3) Liability for the commission of an offense may not be based on
     It is impossible to commit a voluntary act while an omission unaccompanied by action unless:
    unconscious
    Was there a voluntary act?
    Key Cases

    YES: Defendant suffered an epileptic seizure while driving and ran over and killed several children and was convicted
    for negligent homicide. People v. Decina.
    NO: Defendant was taken by police onto a public highway and convicted of being drunk. Martin v. State.

    ACTUS REUS POLICY CONSIDERATIONS

    Reasons why we have Actus Reus

     Evidentiary
     Culpability
     Dangerousness
     Freedom (from the social compulsions of the law)

    Reasons why we might want to have no/minimal Actus Reus

     Preventing harm

    You might also like