Read Dressler 101-108

Do CALI lesson (Omissions and Possessions sections) on Actus Reus

Read the following sections in A Cry in the Night: The Kitty Genovese Murder: A Cry in the Night, Thirty-Eight, The Kitty Genovese Syndrome, Why?, at http://www.crimelibrary.com/serial_killers/predators/kitty_genovese/4.htm

Bibb Latane and John Darley, Why Don’t People Help?, at http://www.pineforge.com/newman4study/resources/latane1.htm

Think about and be prepared to discuss whether the criminal law adequately addresses failures to act.  What do you think of the following attempts to address this issue (click here)?  Should statutes such as these be adopted?  Why or why not? 

Think about possession.  Should possession constitute a voluntary act?  Why or why not?  What limits, if any, should be required?

Think about in what situations the law allows criminalization of omissions and possession.  Create a hypothetical that raises what is, in your view, a good scenario for addressing (one or more of) these issues and prepare to present it in class (it can be made up or based on a real situation).  Make sure you are prepared to analyze the hypo you present.

In Class: Discussion of omissions and possession, including student hypotheticals

As we’ve seen, the actus reus doctrine is very narrow, at least as it relates to the requirement of a voluntary act. In addition, it has many exceptions, including omissions and possession. With such a narrow doctrine and broad exceptions, how are the interests in assuring just punishment served?  Think about what other requirements are necessary for just punishment.

Remember this sentence in Martin "under the plain terms of this statute, a voluntary appearance is presupposed." What else is presupposed in criminal statutes? Think about this as well as we embark on our analysis of mens rea.