The Criminal Act It all starts with this

Voluntary acts Essential for criminal liability Conduct that unjustifiabily and inexcusably inflicts or threatens substantial harm to individual or public interests Also known as actus rea – a voluntary, physical act

5 aspects of Criminal Liability 1. Criminal Act (actus rea) 2. Criminal Intent (mens rea) 3. Concurrence 4. Attendant Circumstances 5. Bad Result

Actus Rea A physical, voluntary act Always necessary For some offenses, you don’t need much else, except An attendant circumstance a fact or condition that makes the act punishable

Crimes that need everything Bad Result Crimes Require a voluntary act, intent, a circumstance (at least in some cases), causation, and criminal harm Usually quite serious crimes Especially Criminal homicide Demands (1) a lethal act (2) triggered by (3) the intent to kill, which (4) causes (5) someone’s death

Initial Considerations We don’t punish thoughts, desires, wishes, or fantasies Why not? 1) To hard to prove 2) don’t cause any (or much) harm, and 3) they are often too fleeting These thoughts must turn into actions – manifest criminality

Sounds simple, but it gets complicated The act must be voluntary. We don’t punish purely on the basis of status. We can for not doing what we should, omissions, and We often punish just for having certain things, possession

The act must be voluntary Some purposeful, willful action is necessary But we only require one In other words, you don’t need to pull the trigger to be guilty of manslaughter Any voluntary act in the sequence of acts which led to the commission of the crime is enough

Are these voluntary acts? Sleep driving? Sleep sex? Having an epileptic seizure while driving?, or Driving a car if you know you might get one? Suffering Insulin shock while driving? Killing during an Agent Orange induced blackout?

Status We usually only criminalize people for what they do, not for who they are Some actions can lead to having a status – drink enough whiskey and you could achieve the status of alcoholic Others are independent of any actions – race, gender, nationality, etc. Does the Constitution prohibit punishment for the first?

The Supremes view on status Robinson v California – can’t jail someone for simply being an addict – violates Eighth Amendment Powell v Texas – can fine someone for public intoxication – required a voluntary action – having a drink But such questions typically are left to the states to determine

Omissions Can you face punishment for not doing something? Yes, the law imposes a duty to act if certain conditions exist Failure to report – Mandated reporter for child abuse Failure to intervene – parent-child

Where does this duty come from? Statutes – the legislature imposes – source of duty to report Contracts – someone agrees to assume, in exchange for consideration, even with oral contracts (Pestinikases) Special relationships – employer/employee, doctor/patient, parent/child, etc. No duty arises from purely moral grounds

Examples of Criminal Omissions People v Oliver – If someone comes home with you, do you have a duty to call for aid if he gets sick? State v Miranda – must you protect your live-in gf’s baby daughter? Yes! But aren’t moral considerations at work?

Possession Can you go to jail, or face a fine, just for being close to contraband? But where’s the voluntary act? Relies on a legal fiction – “pretending” some fact or condition exists due to policy or convenience Pulls in lots of people

Types of Possession Actual – it’s “on you” Constructive – it’s in a place you control Knowing – you know it’s on your person or somewhere you control Mere – you don’t know it’s on your person or somewhere you control