CJS 211 Lecture Notes - Lecture 9: Arson, Proximate And Ultimate Causation, Legal Fiction
26 Jul 2020
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Document Summary
Criminal act is a voluntary act that causes social harm in no act, then no crime; if no social harm no crime. Concept of result crimes and conduct crimes. Murder is the killing of a human being. If no result (someone being dead) no crime. Property is destroyed by fire = result of arson. The conduct is prohibited (driving under influence). Increased risk is the harm to society. We as a society have a right to be free from risk whether we know of the risk or not. Part of the actus reus condition that must be present along with the prohibited conduct in order to constitute a crime. i. e. , driving is not illegal unless drunk. Requirement of voluntary act; omission as basis of liability; A person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act or the omission to perform an act of which he is physically capable.
