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.
Read more about this topic: Actus Reus
Famous quotes containing the word act:
“We call the intention good which is right in itself, but the action is good, not because it contains within it some good, but because it issues from a good intention. The same act may be done by the same man at different times. According to the diversity of his intention, however, this act may be at one time good, at another bad.”
—Peter Abelard (10791142)
“You live in a puss-hole, you act accordingly.”
—Guy Trosper, U.S. screenwriter, and John Frankenheimer. Robert Stroud (Burt Lancaster)
“Each act of criticism is general
But, in cutting itself off from all the others,
Explicit enough.”
—John Ashbery (b. 1927)