Pursuant to Powell, statutes that criminalize voluntary acts that arise from status are constitutional under the Eighth Amendment.īrianna, a housecleaner, fantasizes about killing her elderly client Phoebe and stealing all her jewelry. Also, the Court ruled that the state has an interest in treating alcoholism and preventing alcohol-related crimes that could injure the defendant and others. The Court held that it is difficult but not impossible for an alcoholic to resist the urge to drink, so the behavior the statute criminalized was voluntary. 514 (1968), the US Supreme Court upheld the defendant’s conviction for “drunk in public,” in spite of the defendant’s status as an alcoholic. If the defendant can control the actions at issue in spite of his or her status, the defendant’s conduct can be constitutionally criminalized and punished pursuant to the Eighth Amendment. Punishing a defendant for being sick not only is inhumane but also does not specifically deter, similar to a punishment for an involuntary act. The Court compared drug addiction to an illness, such as leprosy or venereal disease. 660 (1962), the US Supreme Court held that it is unconstitutional as cruel and unusual punishment pursuant to the Eighth Amendment to punish an individual for the status of being a drug addict-even if the drugs to which the defendant is addicted are illegal.

This punishment may be cruel and unusual pursuant to the Eighth Amendment if it is disproportionate to the defendant’s behavior. Similar to punishment for an involuntary act, when the government punishes an individual for status, it is essentially targeting that individual for circumstances that are outside his or her control. Status is who the defendant is, not what the defendant does. Generally, a defendant’s status in society is not a criminal act. As the Model Penal Code explains, “‘conduct’ means an action or omission and its accompanying state of mind” (Model Penal Code § 1.13(5)). The term conduct is often used to reflect the criminal act and intent elements.

With exceptions, every crime has at least three elements: a criminal act, also called actus reus a criminal intent, also called mens rea and concurrence of the two. Criminal elements are set forth in criminal statutes, or cases in jurisdictions that allow for common-law crimes.

Identify the criminal intent element required when possession is the criminal act.Ĭrimes can be broken down into elements, which the prosecution must prove beyond a reasonable doubt.

Distinguish between actual and constructive possession.

Ascertain three situations where an omission to act could be criminal.

Describe an exception to the criminal act element.

Identify three requirements of criminal act.

4 elements of crime