Ch. 2—Actus Reus

Actus reus: refers to the "act" that is forbidden by a criminal law.

  • An essential element of just punishment/due process is the requirement of a voluntary "act" or "omission" when an appropriate duty to act exists. If the alleged act was involuntary, there may be no justification for imposing punishment. 
  • Some crimes (e.g., murder) are “result” crimes in that a conviction requires proof that defendant “caused” a particular result (with the required mens rea). Other crimes are “conduct” crimes in that conviction requires proof that defendant engaged in prohibited conduct with the required mens rea. In most instances, there must be “concurrence” between the actus reus and the mens rea when defendant engages in the conduct (as well as when defendant causes a particular result).
    Basic Decision Tree: Actus Reus Decision Tree.canvas
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