Criminal LawCriminal Law

Chapter 3Chapter 3

The General Principles ofThe General Principles ofCriminal Liability: Criminal Liability: Actus ReusActus Reus

Joel Samaha, 9th Ed.Joel Samaha, 9th Ed.

Elements of a CrimeElements of a Crime

Criminal act (actus reus)Criminal act (actus reus)

Criminal intent (mens rea)Criminal intent (mens rea)

Concurrence (Concurrence (“an act set in motion by an “an act set in motion by an intent”)intent”)

Attendant circumstancesAttendant circumstances

Bad result or harmBad result or harm

All crimes have to include,All crimes have to include,

at a minimum, at a minimum,

a criminal act (a criminal act (actus reusactus reus).).

QuestionsQuestions

What is an What is an attendant circumstanceattendant circumstance??

Give an example.Give an example.

Explain the concept of aExplain the concept of a

criminal conduct crimecriminal conduct crime??

Give an example.Give an example.

Criminal LiabilityCriminal Liability

Actus reusActus reus (criminal act(criminal act)) We punish people for what they We punish people for what they do, do, not for what not for what

they they intend intend to do (state of mind), or for who they to do (state of mind), or for who they are (status). are (status). Key term: Key term: manifest criminalitymanifest criminality

Men's reaMen's rea (criminal intent)(criminal intent) Punishment Punishment

(at least for serious crimes) depends on the (at least for serious crimes) depends on the blameworthiness of the intent that triggers the blameworthiness of the intent that triggers the criminal actcriminal act

ConcurrenceConcurrence Criminal intent (Criminal intent (mens reamens rea) has to trigger criminal ) has to trigger criminal

acts (acts (actus reusactus reus) and cause criminal harm) and cause criminal harm

Factors Which Affect Actus ReusFactors Which Affect Actus Reus

Voluntary actsVoluntary acts

Status or conditionStatus or condition

ConstitutionConstitution

Criminal omissionsCriminal omissions

Criminal possessionsCriminal possessions

Voluntary ActsVoluntary Acts

““A person is not guilty of an offense unless his A person is not guilty of an offense unless his liability is based on conduct that includes a liability is based on conduct that includes a voluntaryvoluntary act…” (ALI 1985, § 2.01). act…” (ALI 1985, § 2.01).

So long as there’s So long as there’s oneone voluntary act, other acts voluntary act, other acts surrounding the crime may be surrounding the crime may be involuntaryinvoluntary..

What are the What are the factsfacts and and opinionopinion of of Brown v. StateBrown v. State (955 S.W.2d 276, Texas 1997)?(955 S.W.2d 276, Texas 1997)?

Status or Condition Status or Condition and the Consititutionand the Consititution

Action describes what we do, status (or condition) Action describes what we do, status (or condition) denotes who we are. Most statuses or conditions do denotes who we are. Most statuses or conditions do not qualify as actus reus.not qualify as actus reus.

Status can arise in two ways:Status can arise in two ways:1) From prior voluntary acts, such as drinking 1) From prior voluntary acts, such as drinking alcohol or using drugsalcohol or using drugs2) Being who we are: sex, age, sexual orientation, 2) Being who we are: sex, age, sexual orientation, race/ethnicityrace/ethnicity

It is unconstitutional for the legislature to make a It is unconstitutional for the legislature to make a crime out of status or personal conditions.crime out of status or personal conditions.

What are the What are the factsfacts and and opinionopinion of of Robinson v. Robinson v. CaliforniaCalifornia (1962, 370 U.S. 660)? Is actus reus a (1962, 370 U.S. 660)? Is actus reus a constitutional command?constitutional command?

Criminal OmissionCriminal Omission

Two typesTwo types::

1) failure to report1) failure to report

2) failure to intervene; e.g., legal duty2) failure to intervene; e.g., legal duty

Legal dutyLegal duty::

11) Statutes) Statutes, e.g., income tax returns and firearms , e.g., income tax returns and firearms registrationregistration

2) 2) ContractsContracts, e.g., law enforcement officers, e.g., law enforcement officers

3) 3) Special relationshipsSpecial relationships, e.g., parent-child and , e.g., parent-child and doctor-patientdoctor-patient

QuestionsQuestions

What is the difference between the What is the difference between the

Good Samaritan DoctrineGood Samaritan Doctrineand the and the

American Bystander Rule American Bystander Rule ??

What are the facts and opinions What are the facts and opinions

of the following cases ?of the following cases ?

Commonwealth v. Pestinakas Commonwealth v. Pestinakas 617 A.2d 1339 (1992, Pa. Sup.)617 A.2d 1339 (1992, Pa. Sup.)

People v. Oliver People v. Oliver (1989)(1989)

State v. Miranda State v. Miranda (1998)(1998)

PossessionPossession

Possession is not action; it is a passive condition. Possession is not action; it is a passive condition. Examples of criminal possession statutes are burglary Examples of criminal possession statutes are burglary tools, stolen property, illegal drugs and weapons.tools, stolen property, illegal drugs and weapons.

The passive state of possession as The passive state of possession as actus reus actus reus includes:includes:

1) control of items and substances, 1) control of items and substances, e.g., e.g., actual actual possession possession or or constructiveconstructive possessionpossession

2) awareness of control, e.g., 2) awareness of control, e.g., knowingknowing possession possession or or mere possessionmere possession

Explain the facts and opinion of Explain the facts and opinion of Miller v. State Miller v. State (1999).(1999).