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:
“Raising a daughter is an extremely political act in this culture. Mothers have been placed in a no-win situation with their daughters: if they teach their daughters simply how to get along in a world that has been shaped by men and male desires, then they betray their daughters’ potential But, if they do not, they leave their daughters adrift in a hostile world without survival strategies.”
—Elizabeth Debold (20th century)
“The experience of a sense of guilt for wrong-doing is necessary for the development of self-control. The guilt feelings will later serve as a warning signal which the child can produce himself when an impulse to repeat the naughty act comes over him. When the child can produce his on warning signals, independent of the actual presence of the adult, he is on the way to developing a conscience.”
—Selma H. Fraiberg (20th century)
“It would be one of the greatest triumphs of humanity, one of the most tangible liberations from the constraints of nature to which mankind is subject, if we could succeed in raising the responsible act of procreating children to the level of a deliberate and intentional activity and in freeing it from its entanglement with the necessary satisfaction of a natural need.”
—Sigmund Freud (1856–1939)