Crim law slide #4 (conduct)

Actus reus

The physical conduct or external elements of a crime. (Act/conduct).

Mens rea

The mental state required for the crime. (Mental state).

The Model Penal Code divides the non-mental elements into three categories:

(1) Conduct elements, (2) result elements, and (3) circumstance elements.

(Although every offense has at least one conduct element, not all offenses have result or circumstance elements.)

Not considered voluntary acts (involuntary acts)

1. Reflexes or convulsions;

2. Bodily movement during unconsciousness or sleep;

3. Conduct during hypnosis or resulting from hypnotic suggestion;

4. Bodily movement that otherwise is not a product of

Status v Conduct

You can’t be criminally punished for having the status of being addicted to narcotics.

You can be criminally punished for the conduct of being drunk in public.

Criminal law generally punishes prohibited conduct, not simply who someone is or what condition they have.

Voluntary act doctrine

Criminal liability requires conduct that includes a voluntary act, or a legally relevant failure to act when the person was physically capable of acting. (regardless of coercion.)

Timeframing

Looking at when a defendant's actions occurred to determine whether there was a voluntary act that could make them criminally responsible.

(Even if someone does something involuntarily, we may need to look at what they voluntarily did BEFORE that event happened.)

1. Decina had epilepsy and knew he was susceptible to seizures.

2. Despite knowing this, he voluntarily decided to drive his car.(voluntary)

3. While driving, he suffered an epileptic seizure and lost consciousness. (involuntary)

4. He lost control of the car, killing four children.

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The court allowed the prosecution to proceed based on Decina's earlier voluntary decision to drive. The court wasn't saying that having epilepsy was a crime. The issue was his voluntary decision to drive despite knowing the risk.