The basic requirements for criminal liability are conduct

The basic requirements for criminal liability are conduct, definitional elements of the crime, unlawfulness, culpability. Criminal liability is determined when the accused is criminally liable for certain conduct the accused had the appropriate state of mind laid down by the law. Mens rea is the accused state of mind when engaging in prohibited conduct. Actus reus consists of not only just the act but also the thought of before and after the act happened. But, it must be voluntary. “Each of these must be proven beyond a reasonable doubt” (Roberson). If any of the elements cannot be proven, then the individual cannot be charged.
Failing to act can be simplified into failing to prevent harm. An example would be Rob and Sue go swimming. Rob goes into the water to deep and begins to drown. Sue sees Rob struggling in the water, and Sue makes no effort to assist or obtaining help from others. Ending result is Rob drowns. A would be guilty because Sue saw the incident take place and could have done something but chose not to. She could be charged with failing to act. Voluntary actions are an action that we initiate by our own conscious. They are intentional. Choosing not to do something because you know it is illegal, or someone could potentially get hurt.
In the case of Rogers vs. State of Texas 105 S.W.3d 630, addressed the difference in an accidental death and the intentions of the shooter. Bobby Rogers was convicted and sentenced to life in prison for killing his wife. The case explains that the couple had a rocky relationship to begin with. The victim Debra Rogers was staying at her mother’s house, and Bobby would visit. Bobby stated, “that they would often argue while they were together”. On numerous occasions, their arguments turned violent. Testimony revealed that Debra often angry enough to pull “a gun several times in the past” (Bakers). On the night of June 18, 1999, Debra had picked up Bobby to come and eat with her at her mother’s house. The night was fine until an argument broke out between the two. Bobby testified that Debra “reached for the gun and he reached for it and she grabbed my arm and it went off (Rogers)”. A jury convicted Bobby Ray Rogers of murdering his estranged wife and sentenced him to life in prison. When appealed, the court of appeals reversed Rogers conviction and to be remanded back to trail court. The Court of Appeals granted the State’s petition for discretionary review to determine: “whether the appellant’s trial request for an “accident instruction” was equivalent to a request for a jury instruction on “voluntary conduct”(Rogers)”. The court of appeals was then correct to apply the Almanza “some harm” standard of review”.
Think about when you are going shopping for something you needed so you go to Walmart and you’re going in for that one thing and so you don’t get a shopping cart. Because you are only getting one thing, while inside that one thing turns into a handful, you find that holding all this stuff is difficult so instead of going back for a shopping cart you put something in your pocket. Getting to the checkout line you pay for everything in your hands, and forget the object in your pocket, and leaving the store. There has been a crime, but there was no mental state to commit the act, but it existed as you left the store. Intent would be that you knowingly were going to walk out with the object. Causation was it just happened. The difference between shoplifting was that the person didn’t walk into the store intending to steal. They walked in for one thing and was forgotten about.