Reference no: EM133941724

Question

The Voluntary Act? The Facts: On a bright sunny afternoon, Emil was driving on Delaware Avenue in Buffalo, New York. As he was making a turn, Emil suffered an epileptic seizure and lost control of his automobile. The car careened onto the sidewalk and struck a group of six schoolgirls, killing four of them. Emil knew that he was subject to epileptic attacks that rendered him likely to lose consciousness. The Law: An "act" committed while one is unconscious is in realty not an act at all. It is merely a physical event or occurrence over which the defendant has no control--that is, such an act is involuntary. If the defendant voluntarily causes the loss of consciousness by, for example, using drugs or alcohol, however, then he or she will usually be held criminally responsible for any consequences. Your Decision: Emil was charged in the deaths of the four girls. He asked the court to dismiss the charges, as he was unconscious at the time of the accident and therefore had not committed a voluntary act. In your opinion is there an actus reus in this case? Is there a mens rea? Should the charges against Emil be dismissed? Please explain.