4 ELEMENTS OF CRIME
·       Actus Reus
o      Prohibitive conduct can be an act or omission
o      Omission – must be a duty to act (lifeguard, parent/child)
o      Minimal mental element of actus reus is volition
·       Mens Rea or mental state
o      Criminal intent
o      Criminal recklessness
o      Criminal negligence
o      Special mental state
·       Concurrence
o      Mental state (mens rea) exists at the same time as the prohibitive conduct (actus reus)
·       Causation
o      Cause in fact
o      Proximate cause
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ACTUS REUS
·       Voluntary Act or Omission of a physical or external part of crime, resulting in harm
o      Voluntary Act:
§        Minimal mental element of act= volition
§        Person must perform physical act(s) required of a crime in order to satisfy the Actus Reas component
ú        Ex: Martin v State – police arrest intoxicated man at home, take him onto highway & arrest him for public drunkenness
§        Involuntary action does not constitute Actus Reas requirement
ú        Volition unless unconscious
ú        Voluntarily induced unconscious (alcohol or drugs) is not a complete defense
ú        Prior knowledge of a specific condition relating to unconsciousness is not considered a complete defense
ú        Examples of involuntary acts
·       Reflex of convulsion
·       Bodily movement during unconscious or sleep
·       Conduct during hypnosis or hypnotic suggestion
·       Bodily movement that otherwise is not a product of the effort or determination of the actor either conscience or habitual, (ie: getting pushed)
·       Intoxication
o      Lack of volition is product of consumption of alcohol that was voluntary
o      C
hat omission presents a risk to his own safety.
·       The risk is a subjective standard based on the individual who chooses to act or omit.
o      Result Crimes vs Conduct Crimes
§        Result – homicide or arson
§        Conduct – prohibits dangerous behavior, i.e. driving under influence, solicitation of murder
§        Attendant circumstance- condition that needs to be present in conjunction with the prohibited conduct or result, in order to constitute a crime.     Â
ú         Ex: it is an offense to drive an automobile while intoxicated. Intoxicated represent the attendant circumstances, driving is conduct
ú        Voluntarily caused state of unconsciousness
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MENS REA