1. The Criminal Act
It all starts with this

2. 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

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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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?

10. 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?

11. 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

12. 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

13. 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

14. 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?

15. 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

16. 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