Chapter 4Chapter 4

Actus ReusActus Reus

Introduction—Basic IssuesIntroduction—Basic Issues

All crimes are composed of three main elements:

Actus reus (criminal act or omission)Mens rea (criminal intent)Concurrence (between actus reus & mens rea)

Basic Issues (cont.)Basic Issues (cont.)

An act may be innocent or criminal depending on the context or “attendant circumstances.”

Crimes require different attendant circumstances.Some offenses require that an act cause a very

specific harm.In result crimes, the defendant’s act must be the

actual cause of the resulting harm.

Criminal ActsCriminal Acts

An act involves a bodily movement whether voluntary or involuntary.

Criminal law punishes voluntary acts.

Criminal law does not penalize thoughts.

Voluntary Criminal ActsVoluntary Criminal ActsA conscious choice by an individual to commit

or not to commit an act.It would be fundamentally unfair to punish

individuals who do not consciously choose to engage in criminal activity, & who, therefore, cannot be considered morally blameworthy.People v. Decina (1956)

Voluntary Criminal Acts (cont.)Voluntary Criminal Acts (cont.)

Some defendants have been acquitted by persuading judges or juries that their crime was an involuntary act.

4.1. You Decide: Reed4.1. You Decide: ReedDiscuss the various issues surrounding the

voluntariness of Reed’s actions in this case.Should the court take into consideration the expert

witness testimony? Why or why not?Should Reed be held at least somewhat liable for

her actions since she “knew” about her medical condition? Why or why not?

Should the jury be responsible for making decisions regarding Reed’s medical/mental condition? If so, why? If not, who should anyone else?

Status OffensesStatus Offenses

A crime requires an act & individuals may not be punished based on a mere status or condition.Robinson v. California (1962)Powell v. Texas (1970)People v. Kellogg (2004)

4.2. You Decide: Moore4.2. You Decide: Moore

Discuss the issues related to possession as an act as well as status/condition as an act in Moore’s case.

How would you decide? Why?

OmissionsOmissionsA failure to act or a “negative act.”The American Bystander Rule

The basic rule in the US is that an individual is not legally required to assist a person who is in peril.People v. Beardsley (1907)

The Good Samaritan StatuteThis rule obligates individuals to intervene

(common in Europe—European Bystander Rule).Kitty Genovese (1964)

The Duty to InterveneThe Duty to Intervene

There is a duty to assist another under certain limited circumstances.

The primary requirement is that a duty must be recognized under either the common law or a statute.

Duties Created Under Certain Duties Created Under Certain ConditionsConditions

StatusStatutes ContractsAssumption of a dutyCreation of peril

Duties (cont.)Duties (cont.)

ControlProperty ownerPossession of knowledge of the perilActed with the required intentCaused the harm to the victim

Duties (cont.)Duties (cont.)

The law excuses persons from fulfilling their duty in those instances in which they would be placed in peril.

4.3. You Decide: Cash4.3. You Decide: Cash

Should Cash be held criminally liable for failing to come to the victim’s assistance while she was assaulted, molested, & subsequently strangled by his friend? Why or why not?

Discuss this case & the issues presented relying on the legal elements & circumstances surrounding omissions (failures to act) as criminal acts.

PossessionPossession

A preparatory offense—punishing possession should deter & prevent the next step

There is a requirement that the accused knowingly obtained or received the contraband or failed to immediately dispose of the property.

Typically defined as: “The ability to exercise dominion & control over an object.”

Central Concepts of PossessionCentral Concepts of Possession

Actual possessionConstructive possessionJoint possessionKnowing possessionMere possession

Hawkins v. State (2002)

Possession (cont.)Possession (cont.)

The fleeting possession rule is a limited exception to criminal possession.Permits an innocent individual to momentarily

possess & dispose of an illegal object.

The most difficult issue for courts is joint possession.

People v. Mijares (1971)US v. Byfield (1991)

4.4. You Decide: Gonzalez & Cruz 4.4. You Decide: Gonzalez & Cruz

Discuss this case regarding whether there was sufficient evidence to support a conviction for knowing possession of methamphetamine with the intent to distribute against Gonzalez & Cruz. Why or why not?

Remember to address the various issues related to knowing (versus other kinds) of possession.

Key IssuesKey IssuesElements of a crime

Actus reus, mens rea, & concurrenceTypes of criminal acts

Voluntary natureStatus offensesOmissions

The American Bystander RuleThe Good Samaritan RuleThe duty to intervene

Possession