Criminal Law Chapter 3 The General Principles of Criminal Liability: Actus Reus Joel Samaha, 9th Ed.

Elements of a Crime Criminal act (actus reus) Criminal intent (mens rea) Concurrence (“an act set in motion by an intent”) Attendant circumstances Bad result or harm

All crimes have to include, a criminal act (actus reus). at a minimum, a criminal act (actus reus).

Questions What is an attendant circumstance? Give an example. Explain the concept of a criminal conduct crime?

Criminal Liability Actus reus (criminal act) We punish people for what they do, not for what they intend to do (state of mind), or for who they are (status). Key term: manifest criminality Men's rea (criminal intent) Punishment (at least for serious crimes) depends on the blameworthiness of the intent that triggers the criminal act Concurrence Criminal intent (mens rea) has to trigger criminal acts (actus reus) and cause criminal harm

Factors Which Affect Actus Reus Voluntary acts Status or condition Constitution Criminal omissions Criminal possessions

Voluntary Acts “A person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act…” (ALI 1985, § 2.01). So long as there’s one voluntary act, other acts surrounding the crime may be involuntary. What are the facts and opinion of Brown v. State (955 S.W.2d 276, Texas 1997)?

Status or Condition and the Consititution Action describes what we do, status (or condition) denotes who we are. Most statuses or conditions do not qualify as actus reus. Status can arise in two ways: 1) From prior voluntary acts, such as drinking alcohol or using drugs 2) Being who we are: sex, age, sexual orientation, race/ethnicity It is unconstitutional for the legislature to make a crime out of status or personal conditions. What are the facts and opinion of Robinson v. California (1962, 370 U.S. 660)? Is actus reus a constitutional command?

Criminal Omission 1) failure to report Two types: 1) failure to report 2) failure to intervene; e.g., legal duty Legal duty: 1) Statutes, e.g., income tax returns and firearms registration 2) Contracts, e.g., law enforcement officers 3) Special relationships, e.g., parent-child and doctor-patient

Questions What is the difference between the Good Samaritan Doctrine and the American Bystander Rule ? What are the facts and opinions of the following cases ? Commonwealth v. Pestinakas 617 A.2d 1339 (1992, Pa. Sup.) People v. Oliver (1989) State v. Miranda (1998)

Possession Explain the facts and opinion of Miller v. State (1999). Possession is not action; it is a passive condition. Examples of criminal possession statutes are burglary tools, stolen property, illegal drugs and weapons. The passive state of possession as actus reus includes: 1) control of items and substances, e.g., actual possession or constructive possession 2) awareness of control, e.g., knowing possession or mere possession Explain the facts and opinion of Miller v. State (1999).