ACTUS REUS =
Act or Omission
+
Attendant Circumstance
+
Result/ Social Harm
1st) VOLUNTARY ACT or OMISSION of KNOWN LEGAL DUTY
Voluntary
Contraction of muscle willed by
defendant's mind
Act
Bodily movement or muscular
contraction.
Time Frame
Rule: A ? 's conduct must include
a relevant voluntary act; not all
must be voluntary.
Barber v. Superior Court
DISTINCTION: Law
should prevent people
from actively causing
harm, but it should not
compel people to benefit
others.
+
EITHER
For prosecution -> Argue for a
broader time frame. Mail bomb
sleeper.
For defense -> Argue for a shorter
frame of time, there will be fewer
voluntary acts
STEPS:
1 - Identify the actus reus in statute
2 - Relate to ? 's actions from fact
3 - Determine if act or omission would be
better for prosecution or defense; argue
both
4 - Determine if voluntary would be better
for prosecution or defense; argue both
Omission of Legal Duty
Two elements.
(1) ? must have knowledge of
the circumstances which give
rise to the duty; AND
(2) An opportunity to perform
the duty.
2nd) ATTENDANT CIRCUMSTANCE
Jones v. United States
Ways to acquire crim duty:
a) Statute, b) legal relationship, c) contract, d)
assumption of care & seclusion, and e) creating a risk
of harm to others
STEPS
1 - Identify the attendant circumstances
2 - Relate the attendant circumstances to the facts provided
3 - Argue for prosecution
4 - Argue for defense
Components of the statute which specifically limit the social harm.
WITHOUT attendant circumstances, there can be NO social harm.
Ex - Burglary: The breaking and entering of the dwelling house of another at nighttime with intent to commit a felony.
Voluntary Act;
Attendant
circumstance;
Mens Rea
Att cir. 1
Property must be a dwelling
house
Att cir. 2
Property must belong to
another person
3rd) RESULT / SOCIAL HARM
Social Harm
Any invasion of a socially recognized
interest. Does NOT require actual harm.
The definition of the
offense will identify the
social harm.
Att cir. 3
Must occur at night time.
STEPS
1 - Combine the voluntary act/ voluntary omission with the attendant
circumstance -> unless "... crime causing _____"
2 - Define this as the social harm
3 - Argue for prosecution
4 - Argue for defense
Ex - Burglary: The breaking and entering of the dwelling house of another at nighttime with intent to commit a felony.
FRAMEWORK
Volutnary Act + Attendant Circumstances = Social Harm
IDENTIFY VOLUNTARY A/O
1 - Identify the actus reus in statute
2 - Relate to ? 's actions from fact
3 - Determine if act or omission would be
better for prosecution or defense; argue
both
4 - Determine if voluntary would be better
for prosecution or defense; argue both
IDENTIFY ATT. CIRCMSTCS.
1 - Identify the attendant
circumstances
2 - Relate the attendant
circumstances to the facts provided
3 - Argue for prosecution
4 - Argue for defense
BUT NOTE: "Causing...." is DIRECT statutory
form.
SHOW THE SOCIAL HARM
1 - Combine the voluntary act/ voluntary
omission with the attendant
circumstance
2 - Define this as the social harm
3 - Argue for prosecution
4 - Argue for defense