CJS 101 Lecture Notes - Lecture 11: Actus Reus, Recognizance, Homicide
4 Aug 2020
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Starting to be issued for more serious offenses. Judge discretion if defendant is reliable and has roots in the community. Private businesses that loan money to defendants who lack the money to make bail. Charge a fee (usually 5-10% for the bail amount) to put up money to gain the defendant"s release. If charges are dropped or a defendant is acquitted, the bondsman still keeps the fee paid to make bail. Hired by bondsmen to find defendants who have skipped out on bail. Must be a voluntary act or a qualifying omission. Voluntary- performed consciously as a result of effort (involuntary does not qualify as actus reus) Omission- failure to perform an act when physical capable. Level of intent to commit an actus reus. Think about the varying degrees of murder we discussed (and manslaughter) Result- occurs because of the commission of the actus reus. Example: convicted of homicide (result- death of another human being)
