Actus Reus Lecture Notes

Chapter 4: Actus Reus

Learning Objectives

  • 4-1 Know the definition of a criminal act.

  • 4-2 Understand voluntary and involuntary acts.

  • 4-3 Understand status offenses.

  • 4-4 Understand the legal duty to assist another.

  • 4-5 Understand criminal possession.

Annotated Chapter Outline

I. Introduction

  • Reference: Lippman, Contemporary Criminal Law, 6th Edition, SAGE Publishing, 2023

II. Composition of a Crime

  • A conviction requires the concurrence of two elements:

    • Actus reus: Refers to the criminal act or omission.

    • Mens rea: Refers to the criminal intent.

III. Elements of Actus Reus

  • Definition: Actus reus is comprised of several elements:

    1. A voluntary act or failure to perform an act

    2. That causes

    3. A social harm condemned under a criminal statute.

  • Attendant Circumstances: The context surrounding the crime; the same act can be innocent or criminal, depending on these circumstances.

  • Result Crime: Emphasizes that the defendant's act must be the "actual cause" of the resulting harm.

Criminal Acts

  • Criminal law focuses on punishing voluntary acts rather than mere thoughts.

    • Reasoning:

    • Penalizing thoughts involves excessive governmental intrusion into personal privacy.

    • Difficulty arises in distinguishing between fleeting thoughts (anger, frustration) and genuine criminal intent.

    • It is essential that punishment is connected to a conduct that causes social harm or an imminent threat thereof.

    • Social harm from an act can be quantifiably measured, whereas harm as a result of thoughts cannot.

Voluntary Criminal Acts

  • Definition: A voluntary act is defined as a conscious choice made by an individual to commit or refrain from committing an act.

    • Importance: A crime necessitates a voluntary act to avoid unjust punishment of individuals who do not consciously choose to engage in criminal behavior.

    • Non-Voluntary Examples: Spasms and reflexive responses are classified as involuntary acts.

Status Offenses

  • Robinson v. California: Established that convicting an individual for the status of being a narcotic addict is unjust.

    • Definition of Status Offense: Activities prohibited to specific classes of people.

  • Powell v. Texas: It emphasized that guilt arises from a defendant's voluntary public behavior rather than their status as a homeless individual.

  • Wheeler v. Goodman: Affirmed that defendants (unemployed hippies) had been wrongly arrested and punished.

Omissions

  • Definition: Omission refers to the failure to act or a "negative act".

    • Legal Implications: The law might impose a duty on individuals to act, penalizing the failure to do so under certain situations.

A. Bystander Rules

  • American Bystander Rule: No legal obligation for an individual to assist someone in danger unless a specific legal duty exists.

  • European Bystander Rule: Legally mandates that individuals assist those in peril.

B. Reasons for No Legal Duty to Act in the U.S.:

  1. Individuals may face jeopardy while intervening.

  2. Misinterpretation of situations may lead to unnecessary interference, complicating the event.

  3. Lack of physical capacity or expertise in adequately subduing an assailant or rescuing a hostage.

  4. Difficulties in defining circumstances warranting intervention and the actions required for adequate assistance.

  5. Criminal prosecution for failure to intervene would burden the criminal justice system.

  6. The ethos of capitalism dictates individual responsibility for one’s welfare, discouraging reliance on others for assistance.

  7. Moral responsibility drives many to assist others voluntarily, negating the need for legal mandates.

  8. Good Samaritan Rule: Promotes community engagement and consideration for others.

  9. The infamous case of Kitty Genovese in 1964: 38 bystanders witnessed an attack and did not assist.

C. The Duty to Intervene

  • Legal Framework:

    1. Status: Common law recognizes an obligation to assist one's child, spouse, or employees.

    2. Statute: Some statutory obligations impose duties of care.

    3. Contract: Duties may arise through mutual agreements.

    4. Assumption of a Duty: Voluntary intervention implies a duty of care.

    5. Creation of Peril: Those who endanger others must also assist in their rescue.

    6. Control: Individuals responsible for others (e.g., employees or military members) must care for them.

    7. Property Owner's Duty: Property owners must ensure the safety of visitors on their land.

D. Prosecutor's Burden of Proof

  • Beyond a reasonable doubt, the prosecutor must establish:

    1. Possession of Knowledge of Peril: Awareness or potential awareness of an individual's danger.

    2. Intent: Mere poor judgment or reasonable mistakes do not suffice for criminal guilt.

    3. Causation: The failure to assist must be demonstrably linked to the harm caused.

    4. Individuals are not held accountable for achieving the impossible.

Possession

  • **Preparatory