Actus Reus & Omissions
The physical requirement of criminal liability consisting of a voluntary act or an omission where a legal duty exists that causes social harm
What is Actus Reus?
Under the standard four mental states, this state exists when a person acts with a conscious desire to engage in conduct or cause a specific social harm
What is Purposely?
Battery, rape, kidnapping, arson, and DUI fall into this category because they require only the intent to perform the physical act itself
What are general intent crimes?
The general common law rule regarding mistake or ignorance of the law
What is "ignorance of the law is no excuse"?
In Robinson v. California, the Supreme Court held that states cannot punish a person for a condition or status, requiring proof of this instead
What is a voluntary act / conduct?
Police officers physically drag Dan out of his house onto a public sidewalk against his will and arrest him for being drunk in public. Under Martin v. State, Dan cannot be convicted because he lacked this element
What is a voluntary act?
A driver speeds through a crowded pedestrian zone at 80 mph. Though he does not consciously desire to hit anyone, he is aware of the risk and chooses to take it anyway. He acts with this mental state
What is Recklessly?
Burglary, theft, first-degree murder, attempt, and robbery belong to this intent category because they require an intent to achieve a further consequence
What are specific intent crimes?
To successfully defend against a general intent crime, a mistake of fact must meet these two criteria
What are honest AND reasonable?
Under Powell v. Texas, a state may criminalize the act of appearing drunk in public, but cannot constitutionally criminalize this underlying condition
What is being an alcoholic / status?
A passerby notices a stranger drowning in two feet of water and walks away without helping. The passerby is not criminally liable because this type of obligation creates no legal duty
What is a moral obligation?
An driver known to suffer from seizures has an episode behind the wheel and crashes into another car. Under State v. Decina, liability attaches because the voluntary act occurred at this point
What is earlier in the causal chain (choosing to drive aware of the risk)?
Unlawfully entering a dwelling at night with the further intent to commit a felony inside constitutes this specific intent crime
What is Burglary?
An unreasonable but honest mistake of fact can still successfully defend against this class of crimes
What are specific intent crimes?
Under Fridley, mistake of law is completely irrelevant as a defense to strict liability offenses because strict liability lacks this requirement
What is mens rea?
A mother fails to protect her daughter from harm caused by another person. Under Commonwealth v. Howard, her legal duty to act arose from this source
What is a status / special relationship?
Under Model Penal Code standards, a person acts with this mental state when a reasonable person would have perceived the risk, even if the defendant failed to do so
What is Negligently?
A defendant becomes heavily intoxicated at a party and takes someone else's coat thinking it is his own. Voluntary intoxication can serve as a defense here because the crime charged requires this intent level
What is a specific intent crime?
In Cheek v. United States, a taxpayer's genuine misunderstanding of tax obligations negated liability because the statute required proof of this element
What is willfulness / specific knowledge of the legal duty?
In Lambert v. California, due process barred a strict liability conviction for a passive omission because the defendant lacked notice and this opportunity
What is a reasonable opportunity to learn of / comply with the law?
A homeowner invites a guest inside, provides a spoon for drug use, and fails to seek medical help when he overdoses. Under People v. Oliver, a legal duty arose because the homeowner did this
What is created the risk?
Offenses such as traffic violations and statutory rape fall into this category because they require no proof of mens rea
What are strict liability offenses?
Name three defenses that can negate specific intent crimes but are unavailable for general intent crimes.
What are voluntary intoxication, unreasonable mistake of fact, and diminished capacity (or voluntary abandonment / legal impossibility)?
In People v. Marrero, a peace officer reasonably relied on his own reading of an ambiguous statute. His defense failed because it lacked this required exception
What is official reliance on an authoritative government source?
In Commonwealth v. Pestinikas, a legal duty to provide food and care for an elderly individual was created by this voluntary undertaking
What is a contract / contractual undertaking