...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...
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