Answer to Question 1
Answer: The criminal act may be an act of commission, or an act of omission. However, a failure to act can only form the basis of a crime if there is a legal duty which exists. Give examples of this based upon relationship, law, contract, and those where the actor caused the peril. Voluntary acts. The laws of most jurisdictions specify that a person's actions must be voluntary for them to carry criminal liability. Possession. The ability to exercise control over property or objects, even though they are not in one's physical custody Failure to act. An omission to act, or a failure to act may be criminal when the person in question is required by law to do something, that is, when the law specifies a duty to act.
Answer to Question 2
Answer: The two basic elements of crime are the criminal mind (actus rea) and the criminal act (actus reus) Also known as the actus reus, the crime must be the result of a voluntary act. Speech as an act. Although the Framers used the term speech, the Supreme Court has found that they intended to protect all forms of expressionverbal or otherwise State of mind. The term literally means guilty mind and refers to the specific mental state that an individual must possess to be legally culpable. Be sure to discuss the three types of intent: specific, general, and transferred.
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