Exam 4: Actus Reus

The most difficult issue for courts is mere possession.

What is possession?

A babysitter who agrees to care for children or a lifeguard employed to safeguard swimmers is an example of which of the following?

Janice was arrested in a hotel room in which the police found a duffle bag with drug paraphernalia and residue. Janice claimed to be carrying the bag into the hotel room for her friend who arrived shortly thereafter. May Janice be found guilty of possession of a controlled substance despite having no knowledge of the contents in the duffle bag?

Which of the following is an example of a voluntary act?

The commentary to Model Penal Code Section 2.01 stresses that a crime requires an act and that individuals may be punished based on a mere ______ or condition.

Summarize and discuss the case People v. Kellogg. Compare and contrast this case with Robinson v. California and Powell v. Texas. What were the rulings in each of these cases? Do you agree with the ruling? Why or why not?

All of the following lead to the omission of a duty EXCEPT ______.

A criminal act or omission to act is known as ______.

Meech is a known gang member living in a house with several other men from his gang. He was pressured to join the gang and is really the lowest man on the totem pole in terms of hierarchy. Nonetheless, the police raided the house pursuant to a legally issued search warrant. They seized methamphetamines and heroin. Will Meech be convicted of the relevant drug crimes just because he lives in the house?

How does the Good Samaritan standard differ from the American bystander rule?

It is a crime to be drunk in public. Homeless people are always in public because they have nowhere else to go. Would it be constitutionally permissible to punish alcoholics who are homeless?

When there exists a legal duty to intervene, such as a mother's duty to her child, what types of situation can an individual disregard or be excused from this duty? Provide example(s) to illustrate these situations.

Individuals may be punished on a mere condition.

What is a status offense? Why are status offenses considered cruel and unusual punishment?

An act may be innocent or criminal depending on the context or ______ circumstances.

The Good Samaritan standard common in Europe obligates individuals to intervene.

The ______ rule obligates an individual to intervene.

Briefly compare and contrast the concepts of constructive and joint possession against actual (regular) possession. State why you believe constructive and joint possession should or should not be permissible as legal offenses.

All of the following are considered conditions in which a person must intervene EXCEPT ______.