Chapter 4
Actus Reus
Introduction—Basic Issues
All crimes are composed of three main
elements:
Actus reus (criminal act or omission)
Mens rea (criminal intent)
Concurrence (between actus reus & mens rea)
Basic Issues (cont.)
An act may be innocent or criminal depending
on the context or “attendant circumstances.”
Crimes require different attendant circumstances.
Some offenses require that an act cause a very
specific harm.
In result crimes, the defendant’s act must be the
actual cause of the resulting harm.
Criminal Acts
An act involves a bodily movement
whether voluntary or involuntary.
Criminal law punishes voluntary acts.
Criminal law does not penalize thoughts.
Voluntary Criminal Acts
A conscious choice by an individual to commit
or not to commit an act.
It would be fundamentally unfair to punish
individuals who do not consciously choose to
engage in criminal activity, & who, therefore,
cannot be considered morally blameworthy.
People v. Decina (1956)
Voluntary Criminal Acts (cont.)
Some defendants have been acquitted by
persuading judges or juries that their crime
was an involuntary act.
4.1. You Decide: Reed
 Discuss the various issues surrounding the
voluntariness of Reed’s actions in this case.
Should the court take into consideration the expert
witness testimony? Why or why not?
Should Reed be held at least somewhat liable for
her actions since she “knew” about her medical
condition? Why or why not?
Should the jury be responsible for making
decisions regarding Reed’s medical/mental
condition? If so, why? If not, who should anyone
else?
Status Offenses
A crime requires an act & individuals may not
be punished based on a mere status or
condition.
Robinson v. California (1962)
Powell v. Texas (1970)
People v. Kellogg (2004)
4.2. You Decide: Moore
Discuss the issues related to possession as
an act as well as status/condition as an act in
Moore’s case.
How would you decide? Why?
Omissions
 A failure to act or a “negative act.”
 The American Bystander Rule
The basic rule in the US is that an individual is
not legally required to assist a person who is in
peril.
People v. Beardsley (1907)
 The Good Samaritan Statute
This rule obligates individuals to intervene
(common in Europe—European Bystander Rule).
Kitty Genovese (1964)
The Duty to Intervene
There is a duty to assist another under
certain limited circumstances.
The primary requirement is that a duty must
be recognized under either the common law
or a statute.
Duties Created Under Certain
Conditions
Status
Statutes
Contracts
Assumption of a duty
Creation of peril
Duties (cont.)
Control
Property owner
Possession of knowledge of the peril
Acted with the required intent
Caused the harm to the victim
Duties (cont.)
The law excuses persons from fulfilling their
duty in those instances in which they would
be placed in peril.
4.3. You Decide: Cash
Should Cash be held criminally liable for
failing to come to the victim’s assistance while
she was assaulted, molested, & subsequently
strangled by his friend? Why or why not?
Discuss this case & the issues presented
relying on the legal elements & circumstances
surrounding omissions (failures to act) as
criminal acts.
Possession
A preparatory offense—punishing possession
should deter & prevent the next step
There is a requirement that the accused
knowingly obtained or received the
contraband or failed to immediately dispose
of the property.
Typically defined as: “The ability to exercise
dominion & control over an object.”
Central Concepts of Possession
Actual possession
Constructive possession
Joint possession
Knowing possession
Mere possession
Hawkins v. State (2002)
Possession (cont.)
 The fleeting possession rule is a limited
exception to criminal possession.
Permits an innocent individual to momentarily
possess & dispose of an illegal object.
 The most difficult issue for courts is joint
possession.
People v. Mijares (1971)
US v. Byfield (1991)
4.4. You Decide: Gonzalez & Cruz
Discuss this case regarding whether there
was sufficient evidence to support a
conviction for knowing possession of
methamphetamine with the intent to
distribute against Gonzalez & Cruz. Why or
why not?
Remember to address the various issues
related to knowing (versus other kinds) of
possession.
Key Issues
 Elements of a crime
Actus reus, mens rea, & concurrence
 Types of criminal acts
Voluntary nature
Status offenses
Omissions
The American Bystander Rule
The Good Samaritan Rule
The duty to intervene
Possession