MAKING CONDUCT CRIMINAL
THE ACT REQUIREMENT
A.) Actus Reus- Criminal act, Voluntary
· Involuntary act
o Reflex or convulsion
§ An act is voluntary not reflexive as long as the D had time to make some decision as to whether to take that action
o Unconscious sleep
§ Must prove that he was on “auto pilot” and not controlling his motions
o Hypnosis
§ If put yourself in hypnosis in order to commit crime you are still responsible
· Distinguish from thoughts, words, possessions and status
o Mere thoughts are never punishable as crimes
o Requires an overt act to be punishable
o Possession of an object may sometimes constitute the necessary criminal act
§ Almost always construed to include conscious possession
§ Not necessarily required that D have been aware of the objects illegal or contraband nature
o A D may not be convicted for merely having a certain status or condition
· Act of commission- doing something
o A special relationship between D and the victim may hace a duty to act
§ Feed your kids
o It may arise out of a contract
§ Lifeguard would be criminally liable if he did not attempt to save a drowning person while on patrol
o Help others if the D caused the danger which would otherwise not be there
· Act of omission-
o if the law places an obligation to do something and they don’t do it they are held criminally liable (taxes)
o if you walk up to someone drowning in a lake and do nothing to save them you are not criminally liable
§ if you pushed them in you would be
Hinkle – car full of beer cans, passed out for other reason. If you have no control over what your doing (pass out) there is no intent to do the act. (Act of commission)
Pestinikas – didn’t take care of dying person they said they would. A person can be liable for an act if you do not do it. (Act of omission)
Campbell – gave guy gun, killed someone. Didn’t know he was going to kill so he is not liable for it. (act of omission)
Lambert – didn’t register for an a code. If given no time to register for something can’t be guilty unless given time to do so. (act of omission)
B.) Mens Rea- Criminal intent – culpable state of mind
· General- developed first, intent to do something criminal general (steal a bike on accident)
i. The D desired to commit the act which served as the actus reus
ii. Intoxication usually held insufficient to negate a general intent crime
· Specific- developed second, intent to do something criminal specific (common law rape), larceny, burglary, to commit a felony inside, to deprive (steal a bike so you don’t get it back)
i. In addition to bring about the criminal act, they also desired to do something further
ii. Intoxication is possible to negate the specific intent of a crime
iii. Includes an intent or purpose to do some further act, or to achieve some further consequence beyond the conduct or result that constitutes the actus reus of the offense or
iv. Provides that the actor must be aware of a statutory attendant circumstance
v. To mean an intent to do an act other than the actus reus
· Strict Liability- developed third, no intent necessary (did you do it) every crime
easonable doubt that the D actually believed that the vehicle she was in did not contain a controlled substance, then she did not have the requisite knowledge and you must find her not guilty.
Bailey – did act out of duress or necessity:
· Duress- criminal activity was compelled by another human being made to do something
· Broke out of jail because they said it was cruel and unusual
· Necessity – non human origin. Do something out of necessity, save lives at the expense of other things
· Break in to stores to get food during hurricane
· Recklessly- a person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and the purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.
· “Maliciously”
· Intended to harm or
· Acted recklessly in that he foresaw the risk of harm
Welansky – blocked off emergency exits and people died
Cushman – pointed gun in the direction of a cop.
· Negligently-
