PS 307 Chapter 3

Two approaches to defining a legal duty to rescue strangers or call for help

"good samaritan" doctrine and the american bystander rule

True/False: Status as an act is a voluntary action

False

What are the elements of a crime?

criminal act (actus reus), criminal intent (mens rea), concurrence, attendant circumstances, bad result (causing a criminal harm)

actus reas

criminal or physical act; objective element; you can see it, it's a thing that happens

What are the two kinds of criminal omission?

failure to report and failure to intervene

"Good samaritan" doctrine

imposes a legal duty to help or call for help for imperiled strangers

Knowing possession

just prove the person knew they possess the substance; possessors are aware of what they possess

crime of criminal conduct

mens rea and actus reus

Possession

normally risen from a voluntary act that happened before

What is a voluntary act?

not a voluntary act: movement during sleep, conduct during hypnosis or under hypnotic suggestion

actual possession

physically on the body of someone, like in a pocket

voluntary act

qualifies as criminal actus reus

Failure to report

something required by law, such as reporting an accident or child abuse

Legal duties are created by:

statutes, contracts, and special relationships

mens rea

subjective element; something that's in someone's mind

Failure to intervene

to prevent injuries and death to persons or the damage and destruction of property; not just a moral duty, but a legal duty

True/False: possession can function as an act

true

concurrence

where the acts reas is occasioned by/precipitation by the mens rea; a criminal intent has to trigger the criminal act

Two things to consider in the context of possession as an act:

whether there was control over the item or substance and what level of awareness did they have of the control they exerted

constructive possession

you control banned stuff, but it is not on your person (i.e., in your car, apartment, etc)

American bystander rule

you do not have the duty to intervene or report unless it is imposed by law; if you see someone drowning, you do not have a duty to rescue or report that they are in peril

Mere possession

you don't necessarily know that you have it; you don't know what you possess

Brown v. State

case on voluntary action

What are the two kinds of crime?

crime of criminal conduct and criminal conduct causing criminal harm

conduct crimes

crimes requiring a criminal act triggered by criminal intent

omission

a duty to act has to be imposed, but has not been done

With respect to issue of awareness, you can either have:

a knowing requirement or mere possession

actus reus states that...

a person is not guilty of a crime unless the conduct includes a criminal act that is a voluntary act, unless it is an omission

Actus reus requirement serves what purposes?

acts help to prove intent; it reserves the harsh sanction of the criminal law for cases of actual danger; it protect the privacy of individuals

With respect to issue of control, you can either have

actual possession or constructive possession

criminal conduct causing criminal harm

bad result crime: where some bad outcome happens in addition to having concurrence of mens rea and actus reus; brings up issue of causation