Act
In order for an actus reus to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act is a "bodily movement whether voluntary or involuntary." In Robinson v. California, 370 U.S. 660 (1962), the U.S. Supreme Court ruled that a California law making it illegal to be a drug addict was unconstitutional because the mere status of being a drug addict was not an act and thus not criminal. Commentator Dennis Baker asserts: "Although lawyers find the expression actus reus convenient, it is misleading in one respect. It means not just the criminal act but all the external elements of an offence. Ordinarily, there is a criminal act, which is what makes the term actus reus generally acceptable. But there are crimes without an act, and therefore without an actus reus in the obvious meaning of that term. The expression “conduct” is more satisfactory, because wider; it covers not only an act but an omission, and (by a stretch) a bodily position. The conduct must sometimes take place in legally relevant circumstances. The relevant circumstances might include consent in the case of rape. The act of sexual intercourse becomes a wrongful act only if it is committed in circumstances where V does not consent. Other crimes require the act to produce a legally forbidden consequence. Such crimes are called result crimes. ... All that can truly be said, without exception, is that a crime requires some external state of affairs that can be categorized as criminal. What goes on inside a person’s head is never enough in itself to constitute a crime, even though it might be proved by a confession that is fully believed to be genuine."
An act can consist of commission, omission or possession.
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Famous quotes containing the word act:
“The terrible thing is that one cannot be a Communist and not let oneself in for the shameful act of recantation. One cannot be a Communist and preserve an iota of one’s personal integrity.”
—Milovan Djilas (b. 1911)
“Ah, Marilyn, Hollywood’s Joan of Arc, our Ultimate Sacrificial Lamb. Well, let me tell you, she was mean, terribly mean. The meanest woman I have ever known in this town. I am appalled by this Marilyn Monroe cult. Perhaps it’s getting to be an act of courage to say the truth about her. Well, let me be courageous. I have never met anyone as utterly mean as Marilyn Monroe. Nor as utterly fabulous on the screen, and that includes Garbo.”
—Billy Wilder (b. 1906)
“So in Jamaica it is the aim of everybody to talk English, act English and look English. And that last specification is where the greatest difficulties arise. It is not so difficult to put a coat of European culture over African culture, but it is next to impossible to lay a European face over an African face in the same generation.”
—Zora Neale Hurston (1891–1960)