Only voluntary acts qualify as actus reus. Why do only voluntary acts qualify as criminal acts? Be sure to explain the rationale which includes four steps. Explain the one-voluntary-act-is-enough rule
What will be an ideal response?
The rationale consists of four logical steps: Criminal law punishes people, we can only punish people we can blame, we can only blame people who are responsible for their acts, and people are responsible only for their voluntary acts. The American Law Institute's (ALI)Model Penal Code's (MPC) widely adopted definition of "criminal act" provides: "A person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act …" (emphasis added) (ALI 1985, § 2.01).The MPC does not state that every act must be voluntary, only that the crime includes a voluntary act.
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According to Arizona v. Fulminante, the admission of a coerced confession results in an automatic reversal of conviction.
Answer the following statement true (T) or false (F)
Margins, spacing, crowding, insertions, alignment, spelling, punctuation, phraseology, and grammar cannot impart individual variations
a. True b. False
Matching
Column 1 Column 2 1. Appeal a. A sentencing strategy that permitsthe judge to set the sentence, and the sentence cannot laterbe altered by a parole board 2. Bifurcated trial b. An appeal that is authorized by law 3. Determinate sentencing c. A mistake at the trial level that has littlepractical consequence in terms of deciding whether the defendantis guilty or innocent 4. Direct appeal d. The practice of asking an appellate court to examinea lower court's decision in order to determine whether theproper procedure was followed or the correct law was applied 5. Discretionary appeal e. The requirement that interlocutoryappeals dealing with questions of the defendant's guilt (ratherthan questions of a constitutional nature) cannot be heard untilafter final adjudication 6. Final judgment rule f. An appeal that will be heard only ifthe reviewing court agrees to do so 7. Habeas corpus g. State and federal rules used toset sentences based on offense severity and the offender's priorrecord 8. Harmless error h. A sentencing strategy thatgives the judge the authority to set the sentence 9. Indeterminate sentencing i. A means of challenging the constitutionalityof one's confinement, best viewed as an alternative to appealing 10. Sentencing guidelines j. Holding two separate proceedings in thedeath penalty context, one for determining guilt and another fordetermining the appropriate sentence (e.g., death or life in prison)
Answer the following statement(s) true (T) or false (F)
1. In English common law, the crime of theft was called larceny. 2. Computer crime is considered a statutory property crime. 3. Burglary is considered a white-collar crime? 4. Identify theft is considered a white-collar crime. 5. Trespassory taking means wrongful taking.