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:
“Predictions of the future are never anything but projections of present automatic processes and procedures, that is, of occurrences that are likely to come to pass if men do not act and if nothing unexpected happens; every action, for better or worse, and every accident necessarily destroys the whole pattern in whose frame the prediction moves and where it finds its evidence.”
—Hannah Arendt (1906–1975)
“Every constitution..., and every law, naturally expires at the end of 19 years [a generation]. If it be enforced longer, it is an act of force, and not of right.”
—Thomas Jefferson (1743–1826)
“When private men shall act with original views, the lustre will be transferred from the actions of kings to those of gentlemen.”
—Ralph Waldo Emerson (1803–1882)