Crim Law – OUTLINE
Actus reus & Mens rea
o
Actus - voluntariness is important
Possession
o
A large amount of criminal charges brought are based around possession
As high as 20 %
o
SO what are the borders or parameters of possession?
o
See Maldonado p. 128
U.S. v. Jenkins
o
Two guys sitting in front of table with cocaine, scales, small bags, loaded guns, and containers and
caps, etc.
o
In trial, Jenkins is convicted of possession (constructive)
But appeal court says that mere physical proximity is not constructive possession
You have to exercise effective power and intent to exercise control.
It was not Jenkins apartment…
Evidence does NOT show constructive possession.
State v. Casey
o
Someone comes into defendant’s trailer with a gun
o
Cops take everyone out
o
Defendant wants to go back into trailer and the cops arrest him for possession of the gun
o
But defendant did not know anything about the gun and no evidence that he knew anything about
gun.
Guests maintain dominion and power over what the possess when they enter your
home/place
o
Guilty by trial court, charged with felon in poss. of firearm
State Supreme. Ct. reversed charges
Actus Reus – Harm – Crim Law – 9.7.16
The Harm principle - Harm comes into play where, a person’s right to extend their arm, ends at another
person’s face/body”
Actus Reus – doesn’t necessarily mean a morally bad act, but a legally wrong act.
Crim Law – Voluntariness – 9.12.16
Voluntariness – different than Mens Rea
o
Voluntariness is really closely related to the physical act
o
Easy to think of this by its opposite; that is, what acts are involuntary
People V. Newton
o
Newton had concealed loaded gun and boarded a plane from Bahamas to Luxembourg
o
Pilot found this out and landed plane in NY
o
They charged him on NY statute: “any person who has loaded weapon or weapon with ammunition
together” – he met these terms two fold
o
New York law enforcement got admission from Newton on possession of weapon.
o
Trial Court finds him guilty
But Sup. Court says that he did not “voluntarily” put himself in NY, so the statutes could not
apply
Case reversed and remanded for trial on federal international statute
o
Statutes all have implicit jurisdictional notes to them about where you must be in order to be
charged on those statutes
Martin v. State
o
Statute: Code 1940, Title 14, Sec. 120
Any person who appears in a public place where one or more persons are present while
intoxicated or drunk and manifests a condition by boisterous or indecent conduct, loud and
profane discourse… “
Elements:
o
Intoxicated – Performed? – YES / Voluntary? - YES
o
Appears in public – Performed? – YES / Vol.? -
NO
o
Manifests drunken condition – Perf.? – YES / Vol.? - YES
o
Martin was arrested and detained by police in his home, taken out to the hwy and performed
prescribed acts of statue.
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