ADMJ 103 Lecture Notes - Lecture 9: Actus Reus, Mens Rea
21 Aug 2020
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Ordinarily, the law places no obligation on an actor to rescue another. A paramour owes no duty to his partner; therefore, his failure to summon aid to his stuporous partner who later died of an overdose was not manslaughter (people v. beardsley) 2. 01(3) no liability for failure to act unless. It is part of the definition of the offense. Or (b) the duty to act is otherwise imposed by law". Theft by deception is committed by fail[ing] to correct a false impression which the deceiver previously created". Voluntary assumption of care where doing so precludes others from helping. Doctors" omission to continue treatment without hope, though intentional and with knowledge that patient would die, was not unlawful failure to perform legal duty. (barber v. superior court) Conduct crimes: punish specific dangerous behavior e. g. dwi. Result crimes: punish unwanted outcome, e. g. the death of a person.
