Criminal lawLesson 1 of 3 in the course Actus reus

Actus Reus: External Elements, Omissions, and Voluntary Conduct

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

Actus reus is the external or physical element of an offence. This lesson introduces the relationship between actus reus and mens rea, explains why the term can mean more than a physical act, and considers the roles of circumstances and consequences.

Actus reus is Latin for “guilty act.” It is one of the elements normally required to establish a crime in common-law jurisdictions. The other is mens rea, Latin for “guilty mind,” which concerns the required mental state or intent. In the United States, actus reus is sometimes called the external element or objective element of a crime.

All flashcards

Actus reus
The external element of an offence, which may include conduct, circumstances, omissions, possession, or a prohibited result.
Mens rea
The mental state or fault required for an offence, distinct from its external element.
Omission
A failure to perform an action; criminal liability generally requires a legal basis or duty.
Voluntary conduct
Conduct generally required for actus reus, involving bodily movement under the person's control.
Automatism
Behaviour occurring without a person's awareness or conscious control.

Quiz questions

  1. Under the Model Penal Code description, when can an omission satisfy the conduct element of an offence?Answer: When the offence makes it sufficient or another law imposes a duty to act.
  2. Which statement describes the general rule in English law about assisting strangers?Answer: There is no general Good Samaritan duty to assist strangers.
  3. Which movement does the Model Penal Code identify as potentially involuntary?Answer: A bodily movement occurring during sleep.
  4. In People v. Decina, what earlier conduct supported the court's decision to uphold the conviction?Answer: Driving despite knowing about susceptibility to seizures and noticing a warning sign.
  5. What does automatism describe in criminal law?Answer: Behaviour occurring without awareness or conscious control.

Based on the Wikipedia article Actus reus, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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