ESSENTIAL ELEMENTS OF CRIME

Elements:
Actus Reus – physical act or unlawful omission by the D
Mens rea – state of mind or intent of D at the time of act
Concurrence – actus reus and mens rea exist at same time
Harmful result and causation – a harmful result caused both factually and proximately by D’s act
Attendant circumstances –
ACTUS REUS:
Definition: physical/external, or objective, part of the crime
Eser = Actus Reus is the comprehensive notion of the act, harm and its connecting link, causation, w/ actus [expressing the voluntary physical movement in conduct] and reus [this conduct results in a certain proscribed harm (e.g. causes injury to the legal interest protected in that crime)]
Conduct crimes: punished for illegal act [e.g. driving while intoxicated]
Result crimes: punished for result [e.g. murder]

VOLUNTARY ACTS:
Definition: The D’s act must be voluntary in the sense that it must be a conscious exercise of the will.
Rationale: An involuntary act will not be deterred by punishment.
Not voluntary // not liable:
Conduct that is not the product of the actor’s determination.
E.g. A shoves B into C w/ result that C falls to death.
Reflexive or convulsive acts
Acts performed while the D was either unconscious or asleep UNLESS the D knew that he might fall asleep or become unconscious and engaged in the dangerous behavior.
MARTIN V. STATE:
Police arrested drunk Martin at home and brought him to highway – convicted of being drunk on highway
Criminal liability must be based on conduct which includes a voluntary act or omission to act which was physically possible to be performed.
Rationale: Law rests on premise that wrongful act must be chosen
Volition separates an act from a bodily movement.
My arm went up v. I raised my arm – you will your body to move
PEOPLE V. DECINA:
Epileptic suffered a seizure while driving;