ADJUS-121 Lecture Notes - Lecture 8: Malice Aforethought, Depraved-Heart Murder, Felony Murder Rule
20 Jun 2020
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Acts of omission are generally not criminal, except in two circumstances: When the statute particularly prohibits not acting. For example, failure to file an income tax return by. There is no affirmative duty to prevent harm to or to help someone who is in distress, with four exceptions: There"s a close personal relationship between the parties. There"s a contract between the parties that requires assistance. There is a non-criminal statute in the jurisdiction that provides that the party has a legal duty to the other party. For example, the non-criminal statute says that all railroad employees have the duty to get people off the tracks at all times. If the actor begins to give aid, he is under a legal duty to reasonably try to complete the task. State v. williquette: court held that a woman failing to act upon the knowledge that her husband was abusing her children could be found guilty of bringing about said abuse.
