Vloluntary Acts that Cause Harm
Actus Reus - the 4 C’s
- Conduct
- Circumstance
- Consequence
- Causation (but-for, proximate)
Vloluntary Acts that Cause Harm
Define act
A bodily movement caused by a muscular contraction
Vloluntary Acts that Cause Harm
Define voluntary
Willful or volitional precipitated by a “decision”; actor need not be aware of act (eg habitual acts like smoking are still voluntary)
Vloluntary Acts that Cause Harm
Is a Voluntary Act Required?
There is no liability unless D performs voluntary act
* Exception: D has a Duty to P.
- No liability for reflex, convulsions, unconscious or asleep movement or while hypnotized.
When does a duty to act exist?
- Duty based on relationship (parent/child)
- Duty based on contract
- Duty based on voluntary assumption of care (began to assist and left worse off)
- Duty based on creating peril
- Duty based on statute
Duty to act
Is there a general duty to act?
No, cannot be convicted for failing to act unless there is a special relationship that creates a duty
Rule of Lenity
Three purposes of lenity
- Lenity is only used when other interpretations yield a tie
- Lenity limits broad readings not supported by the text (cannot reach beyond language of the statute to criminalize something)
- Lenity confines the reach of the statute even when the text supports a broader view
What constitutes a crime?
- Any combination of
-Actus reus (act or omission) AND
-Mens rea (mental state) - Violates criminal statute
- As enforce by prosecutors & interpreted by court
The 4 C’s
Define conduct
An act or omission that is required for a crime
The 4 C’s
Define circumstance
An attendant circumstance which must be fulfilled to find liability and defined within the statute
(e.g. breaking and entering the dwelling house of another at night with circumstance being house of another at night)
The 4 C’s
Define consequence
The result of the voluntary act, usually the harm that resulted.
The 4 C’s
Define causation
1.But-for cause and
2.Proximate cause between the conduct and consequence.
