Criminal Law 181 Week 3 Notes
Criminal Law 181 Week 3 Notes CRJ181-040
Kutztown University of Pennsylvania
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This 0 page Class Notes was uploaded by Alyssa Husko on Thursday February 4, 2016. The Class Notes belongs to CRJ181-040 at Kutztown University of Pennsylvania taught by Arthur Garrison in Spring 2016. Since its upload, it has received 28 views. For similar materials see Criminal Law in Criminal Justice at Kutztown University of Pennsylvania.
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Date Created: 02/04/16
Week 3 Actus Reus o WThe criminal act 0 Criminal Liability Conduct that in icts or threatens substantial harm to individuals or the public 0 Elements of Criminal Liability 5 building blocks 0 Criminal act actus reus 0 Criminal intent mens rea o Concurrence o Attendant circumstances 0 Bad result 0 All crimes have to include the voluntary criminal act which is Actus Reus 0 Criminal acts are voluntary bodily movements 0 Criminal conduct is the criminal act caused by mens rea Criminal liability takes this one step further it s criminal conduct that quali es for punishment Concurrence the principle of criminal liability that requires that a criminal intent has to trigger the criminal act 0 A person is not guilty of an offense unless his liability is based in conduct that includes a voluntary act 0 The one voluntary act rule means that a single substantial step in your process of committing a crime can be proven under actus reus Automatism Bodily movements while unconscious o Sleepwalking o Epileptic seizures While driving a car you have a seizure and hit 4 people if you do NOT know and you have never had a seizure before you are not liable If you DO know that you have seizures and you get behind the wheel and hit 4 people then you are liable Action refers to what we do status denotes who we are 0 Most statuses or conditions do not qualify as actus reus 0 Status can arise in two ways Results from prior voluntary acts Drug addicts voluntarily use and alcoholics voluntarily take their drinks Other conditions result from no act at all sex age race ethnicity etc 0 Criminal omission Only when there is a legal duty to the person in danger of harm 0 Failure to report not reporting something you are required by law to report Car accidents child abuse registering a rearm etc 0 Failure to intervene Not actively preventing or interrupting injuries and death to persons or damage and destruction of property 0 Both omissions are criminal omissions only if the defendants had a legal duty Lifeguard not saving a drowning victim Possession There are two types of possession 0 Actual Possession quotOn mequot having marijuana in your pocket 0 Constructive Possession Items not on me but in places I control marijuana in a car or apartment
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