REACTION PAPER 2

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Feb 20, 2024

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1 Isabella Cardenas Cardona Saint Leo University CRM-321 Professor Hacker January 21 st , 2024

2 A criminal omission can be described as a failure to act when you are required to do so. Criminal liability usually comes into play when an individual has a legal duty and does not fulfill it. In some circumstances, an omission (“or failure to act”) can be a criminal offense, and punishments or consequences for failure to act may be issued. There are two types of criminal omissions: failure to report and failure to intervene. Failure to report is when you are required by law to provide certain information, and you do not provide it. Some examples include failure to report an accident, report child abuse, file income tax returns, register a firearm, or notify a partner of positive HIV status (Samaha, 2015). Failure to intervene means you did nothing to prevent the injury/death of a person or damage/destruction of property. An example of failure to intervene would be the three officers present during the killing of George Floyd in 2020. “Former MPD Officers Tou Thao and J. Alexander Kueng were found to have deprived Mr. Floyd of his constitutional right to be free from an officer’s unreasonable force when each willfully failed to intervene to stop former MPD Officer Derek Chauvin’s use of unreasonable force, resulting in bodily injury to and the death of Mr. Floyd” (Office of Public Affairs, 2022). The officers had a constitutional duty to protect the civil rights of citizens but failed to act, leading to Floyd’s death. All three officers were found guilty of federal civil rights offenses following the victim’s death. To be convicted of criminal omission, a person must have a legal duty to act. A legal duty can come from statutes, contracts, relationships, or voluntarily assumed responsibilities. Statutes are state laws that give specific duties to citizens, such as filing taxes. Having a contractual obligation means you must perform specific actions, much like a police officer agreeing to protect and serve. An example of liability within a relationship would include a parent’s duty to care for their child. Sometimes, a person may voluntarily create a duty to act by agreeing or

3 acting in a manner that requires follow-through. A voluntary duty can be giving CPR to an individual in need, which may make them legally obligated to continue aiding until help arrives. “For example, in Zelenko v. Gimbel Bros., Inc. , a 1935 New York state case, the court found that shop owners who began to render an ill customer medical assistance—i.e., initiated a rescue attempt—were liable for her death under a standard of negligence when they left her alone for many hours after initially rendering care” (Legal Information Institute, 2020). Nonetheless, not acting under moral duty does not constitute a criminal omission. This means any obligation created or enforced by society, conscience, or religion is not enforceable by law. However, the failure to act must be directly tied to the omission and resulting harm. So, failing to act means contributing to the commission of a crime or damage suffered by another person. In some jurisdictions, liability for the omission happens when it is proven that the omission is done with the knowledge that there is a duty to act. There are potential consequences that come with failing to do so. Intent must be a factor in determining criminal liability for the omission. Failure to act can be the actus reus of a crime. Nevertheless, some jurisdictions may offer support and protection to the people against prosecution/liability with “Good Samaritan” laws. They provide legal protection for those who voluntarily assist in an emergency. Meanwhile, most jurisdictions follow the American Bystander Rule: "There’s no legal duty to rescue or summon help for someone in danger, even if the bystander risks nothing by helping” (Samaha, 2015). We all have responsibilities as citizens and public servants; failure to oblige with specific duties can lead to dire consequences. We have these laws to protect the welfare of the people and

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4 ensure order is in place. Punishing criminal omission is essential to maintaining a fair and safe justice system and preventing others from attempting to do the same.

5 References Legal Information Institute. (2020, December). Rescue doctrine . Legal Information Institute. https://www.law.cornell.edu/wex/rescue_doctrine Samaha, J. (2015). Criminal law . MindTap - Cengage Learning. https://ng.cengage.com/static/nb/ui/evo/index.html? deploymentId=503551222856535268935334077&eISBN=9781305639881&nbId=384242 1&snapshotId=3842421&id=2014102513& Three former Minneapolis police officers were convicted of federal civil rights violations for death of George Floyd . Office of Public Affairs | Three Former Minneapolis Police Officers Convicted of Federal Civil Rights Violations for Death of George Floyd | United States Department of Justice. (2022, February 24). https://www.justice.gov/opa/pr/three- former-minneapolis-police-officers-convicted-federal-civil-rights-violations-death

REACTION PAPER 2

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