Actus Reus: Voluntary Acts and Omissions in Criminal Liability
Be sure that you are using proper APA format and that you have at least one Peer-Reviewed Article in your researchActus Reus states that the crime must be the result of a voluntary act. Discuss the types of acts that may be included and those that are omitted from being a criminal act. Be sure to research a real-life case to discuss in your answer.
Be sure to give cited examples to support your posts. Make sure you cite your research in proper APA format.
Actus Reus: Voluntary Acts and Omissions in Criminal Liability
The principle of actus reus in criminal law states that a crime must be the result of a voluntary act. This means that individuals can only be held criminally liable for their actions, not for mere thoughts or involuntary behaviors. However, there are certain types of acts that may be included or omitted from being considered a criminal act. This essay will explore the types of acts that fall under actus reus and those that do not, as well as provide a real-life case to illustrate these concepts.Types of Acts Included in Actus Reus
- Voluntary Physical Acts: These are intentional physical actions taken by an individual that result in the commission of a crime. For example, if a person physically assaults another individual, their voluntary act of striking or injuring the victim would fall under actus reus.
- Possession: In some cases, simply possessing certain items or substances can be considered a criminal act. For instance, if an individual is found in possession of illegal drugs with the intent to distribute, their act of possessing the drugs can be considered part of actus reus.
- Failure to Act: While the general rule is that criminal liability requires a voluntary act, there are exceptions where a failure to act can constitute a criminal act. These exceptions typically involve situations where there is a legal duty to act, such as when there is a special relationship between the parties (e.g., parent-child) or when there is a contractual duty to act. For example, if a parent fails to provide necessary medical care to their child and the child suffers harm as a result, the parent’s omission to act could be considered part of actus reus.
Types of Acts Omitted from Actus Reus
- Involuntary Acts: Acts that are not under an individual’s control, such as reflexive or unconscious actions, are generally excluded from actus reus. For example, if a person suffers a seizure and unintentionally strikes someone during the seizure, their involuntary act would not be considered a criminal act.
- Mental States: Pure thoughts or intentions without accompanying physical actions do not fall under actus reus. The law does not punish individuals based solely on their thoughts or desires; there must be some external manifestation of those thoughts in the form of a voluntary act.