Part A asks in pursuing a charge of Involuntary Manslaughter against defendant in connection with the death of Vance Viejo, on what specific facts should the Prosecution rely to establish Defendants actus reus?

The prosecution should rely on the conduct of the defendant, because the defendant actus reus is comprised of the conduct that is relevant to the crime, at the moment of the criminal act. Additionally, this conduct is composed of either; acts, voluntary acts, or omissions.

NCPC §15.00 defines “Act” to mean a bodily movement, whether voluntary or involuntary.

NCPC §15.00 defines “Voluntary Act” to mean a bodily movement preformed consciously as a result of effort or determination, and incudes the possession of property if the actor was …show more content…
A person is guilty of involuntary manslaughter when he recklessly causes the death of another human being.
2. Involuntary manslaughter is a class C felony. 1. D engaged in relevant conduct; 2. that conduct caused the death of another human being.

In order to address the above elements, we must address the culpable mental state stated in the statute, “recklessly.” In order to do this, we must address each element required for NCPC’s definition of recklessly, this will determine if the defendant acted with the necessary mens rea required for the charge of involuntary manslaughter.

NCPC § 15.05 (3) Recklessly
“Recklessly” a person acts recklessly with respect to result or to a circumstance described by a statute defining an offense when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists. The risk must be of such nature and degree and that conscious disregard constitutes a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.

1. Ds actus reus created a risk of causing the death of another person;
2. The risk [of causing a human death] was