Omissions in Criminal Law

Omissions

An omission is when someone is liable for failing to act.

Omissions and Homicide:

1) a duty to aid, 2) requisite culpability of a certain homicide charge (recklessness as to fact that victim would die becomes manslaughter) 3) victim must survive but-for his aid.

MPC § 2.01(3) – liability may not be based on omission unless:

·         (a) Specific Duty: Omission is part of the statute defining the offense (i.e. omitted to do a specific duty in criminal statute for which you are charged, e.g. registering for draft at 18)

·         (b) General Duty: Duty to perform the omitted act is otherwise imposed by law: statute, status (e.g. family), voluntary assumption of care & seclusion, contract, causing the peril (either wrongfully or innocently—duty in both cases)

Creating a legal criminal duty

1.       Status Relationships (parent, guardian, spouse, innkeeper, in loco parentis)

2.       Statute

3.       Contract to provide care

4.       Voluntary assumption of care that isolates the individual

5.       Creation of peril i.e. push someone who can’t swim into a deep lake, must try to rescue

6.       Duty to control the conduct of another i.e. a business executive may have duty to prevent company chauffeur from speeding

7.       Duty of a landowner i.e. theater owner has a duty to provide reasonable emergency exits for patrons.

Good Samaritan Laws

-          Minority of States: VT & RI have misdemeanors for not aiding.

Pro Good Samaritan Laws Arguments: adequately limited and clear, avoid harm so the cost is less than the benefit, promotes and ethic, form of social control – limits/fights the bystander effect, just like stoplights

Anti-Good Samaritan laws: Burden – witness/retaliation/arrest, hard to draw the line/vague, fewer delayed or passive Samaritans would want to act, more crime in higher crime areas, burdensome, anonymity is a value

Jones v. United States DC Cir 1962 p192 (not liable b/c no legal duty to care for child)

·         D found guilty of involuntary manslaughter. D was family friend, and didn’t provide food or care for 10 month old baby.

·         Holding: Four situations where failure to act can give rise to criminal liability.

1.       Statute imposes duty to care for another

2.       Certain special relationships (i.e. parent to child)

3.       One has assumed contractual duty to care for another

4.       Where one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid.

·         A person does not become responsible for a child because he knows that the parent is incapable of caring for the child.

·         Dispo: Material conflict of testimony, remanded for jury.

Pope v. State MD 1979 p194 (not liable, did not assume responsibility for child)

·         D was sheltering mentally ill mom and her kids.

·         Mom went into frenzy saying Satan was in child, beat it to death. D did nothing to protect the child.

·         Charged under child abuse statute, but can only be found guilty if found that she assumed responsibility for the child.

·         Holding: Evidence not sufficient to say D had assumed the legal responsibility.

Miranda – Boyfriend watches child die (not liable, did not assume responsibility for child)

·         Brings up due process notion if boyfriend convicted, then this si like Keeler case with retroactive expansion of crimianlity