Review Note

Last Update: 03/08/2024 03:37 PM

Current Deck: Crim

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Omissions

Failure to act or absence of an act
{{c1::MPC 2.01(3)}}

Liability for commission of offense can’t be based on omission without action unless:

{{c2::(1) expressly made sufficient by law defining offense;}} or
{{c2::(2) Duty to perform omitted act is otherwise imposed by law}}

Common Law: 5 situations that can impose legal duties

{{c3::Statutory Duty}}
{{c3::Status Relationship}}

Ex: parent-child, employer-employee, spouses to each other, owner-customer, inn keeper-guest, captain-passenger

{{c3::Assumed Contractual Duty to Care for Another}}

Ex: lifeguard-swimmier, babysitter-child
Case: {{c4::Commonwealth v. Pesttinikas}}

{{c5::Couple orally agreed to care for Clye in exchange for money
Failed to care for him
Court recognized oral contract as conferring duty onto defendants}}
Rule: {{c6::where parties contracted to care for life of victim in providing food & medical services but fails to do so leading to death, omission was contractual agreement & duty to act was present}}

{{c3::Defendant created peril}}
{{c3::Voluntarily assumed care & secluded helpless person to prevent others from assisting}}

Bystanders

Common Law

No general legal obligation to intervene or stop crime unless:

{{c7::There is already an existing duty to act or}}
{{c7::They encourage, incite or assist crime}}

Transforms them from bystanders to co-accomplices/conspirators
Case: {{c8::State v. Davis}}

{{c9::Girl raped in defendants home by defendants son
Court recognized defendant wasn’t merely unconnected passive bystander but acted sufficiently to establish culpability -> chargeable for actions of son}}
Rule: {{c10::Where defendant’s presence facilitated & encouraged perpetrators actions, they too may be held liable in lesser degree}}

{{c11::NOT A THING}} UNDER MPC

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