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:
“For I choose that my remembrances of him should be pleasing, affecting, religious. I will love him as a glorified friend, after the free way of friendship, and not pay him a stiff sign of respect, as men do to those whom they fear. A passage read from his discourses, a moving provocation to works like his, any act or meeting which tends to awaken a pure thought, a flow of love, an original design of virtue, I call a worthy, a true commemoration.”
—Ralph Waldo Emerson (1803–1882)
“The machine unmakes the man. Now that the machine is perfect, the engineer is nobody. Every new step in improving the engine restricts one more act of the engineer,—unteaches him.”
—Ralph Waldo Emerson (1803–1882)
“However great a man’s fear of life, suicide remains the courageous act, the clear- headed act of a mathematician. The suicide has judged by the laws of chance—so many odds against one that to live will be more miserable than to die. His sense of mathematics is greater than his sense of survival.”
—Graham Greene (1904–1991)