Criminal Omission: The Role of Legal Duty and Failure to Act Assignment Sample

Exploring General Duty and Criminal Liability for Omission in Law

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Introduction: Criminal Omission: The Role of Legal Duty and Failure to Act

Criminal omission revolves around a theory which signifies failure for performing a legal duty in a scenario when the competency is of replacing the commission in order to define the situation of harm being done.

The report would throw light on the major aspects of criminal law and the ways in which those could be mitigated. Initially, it throws light on the part of a crime which is related to becoming a crime. Further, there would be a discussion to understand the action of general duty in criminal law. The report is meant to throw light on the necessity for committing a crime by omission, along with the instances of the growth of liability. It will pave a way for the understanding of a general duty to act as well as its advantages and disadvantages. Finally, there would be an insight into the scope for future developments in criminal law.

Failure to act and its relation with a part of the crime

The failures to act with any kind of individual cases are where they have responsibilities to interact and report any sort of illegal activities. As opined by Farrell et al. (2019), there have been many studies that have demonstrated that there have been ample incidents when crime was witnessed. Besides, it is also true that there is someone or other apart from the main culprit who would know about the crime that is about to be committed in the near future. However, even the stakeholders like policies or someone related to the victim's family are unable to take proper actions.

Failure to act could be understood as a form of criminal liability, which is generally known as omission. It usually abides by the legal duties to act but it fails to have the potential desired outcome of harming and injury towards any other person. These are inclusive of failing to report a crime along with ignorance in achieving the necessary safety and understanding for a dependent individual (Farrell et al., 2019). As a result of which, they become a part of crime directly or indirectly which might cause greater harm to an individual at a broader level.

Research has put forward that failure to act is indeed a component of criminal behaviour. It is regarded that there are cases when a person has a legal obligation for taking effective initiatives but they do not step up. In the other words in legal aspects, they have stated it as an omission. It is important to understand by such individuals that their act of failure would be highly detrimental to another person as well as society at holistic levels. Therefore, failure to act is also a part of the crime, if at least not a particular crime in itself.

General duty for acting in criminal law

The General duty of acting in criminal law has its main objective and goal to ensure that justice is served in the right manner. As opined by Završnik (2020), this notion has also uplifted the rights of the culprits as per the coherence with human rights. This is a duty which needs a complete comprehension of criminal law. It has also been useful in plotting the difficult proceedings that are pertaining to the legal dimensions.

It is observed that the General duty plays a remarkable role in criminal law as it follows the intention of the overall knowledge base of the outcomes of one's action. It is extremely vital in taking action against those who have been found to be a part of a crime in any manner whether by an attempt to commit the same or knowing about it beforehand (Završnik, 2020). The General duty would give emphasis on the procedures of law which are an investigation of the crime, collecting evidence, taking offenders in custody, and prosecuting offenders as well as it believes those who have been caught due to the misconception of being accused, should be relieved with respect and dignity.

There are similar instances found in the case of Miller, 1983 which has excellently established actus reus. As mentioned by Baker (2020), Miller was drunk and was sleeping with a lit cigarette that gradually turned into a fire. The defendant despite being awake and aware did not take any proper steps for extinguishing the fire. This resulted in massive deterioration of the house and caused them a loss of about 800 euros. Nevertheless, the defendant was charged with arson for compensation.

Requirements of a crime to be committed by omission

There are certain requirements of a crime which would put it into a category for committed by omission. As stated by Ambos et al. (2020), it signifies there should be a legal duty upon a person which would be important for them to act accordingly. This is rendered by failing to fulfil the duty potentially. The duties pertaining to legal dimensions could arise from a contractual obligation, the formation of risky circumstances as well as a special relation. This kind of activity could have transpired, which in a way would turn the omission to generate a foundation for criminal liability. It could be understood by postulated stages that one would initially have a duty to perform, which would be breached. As a result of which there would be a relationship established between the breaching of duty and the consequences of the harm suffered.

This type of omission case was observed in the case of Pittwood, in 1902. The defendant was an employee of a railway company operating across the track for managing the gate at a crossing level. It was noticed that the person had lifted the gate which renders the passing of a cart but he forgot to put them before his recess time. As a result of which a cart driver and a horse were killed due to passing by from the track by an open gate. This has been included as it was a breach of contractual duty by a person.

Rise of liability by omission

Criminal liability could be understood as failing to act when an accused could not perform their legal duty properly. It is generally done when they can do it proficiently but are unable to actually perform.

Omission liability could be comprehended as the imposition for the failure of a certain act. In most such scenarios, the offender is not aligned with the required liability for the failure of the actions precisely. As viewed by Stahn (2019), the rise of liability in the criminal offence would only take place when an act is lawfully forbidden but is considered to be done at the voluntary level. Such kinds of acts done on the basis of volunteering are generally subjected to extra offences considerably.

The necessity of General duty to act

The General duty to act is required to assuring that the individual should have the consciousness to take their own decisions. They are obliged to play a responsible role in the lives of others. As stated by Simester (2021), this has encouraged a sense of belonging and collectivism in a community which would boost them to inculcate interest towards the society as a whole. There is an application for the defence of necessity described as a person who has worked to prevent harm from taking place. It describes the accusation of escaping criminal liability. This has shown that they should have justifications to restrict the situation and mitigate the challenges concerned with the situations and outcomes of the criminal offence. There are other cases similar to this which are Hood (2004), Instan (1893), Evans (2009), Santana Bermudez (2004) and many others.

Pros and cons of introducing a general duty to act

There are two sides to every coin, and so are the pros and cons of a general duty to act. The major advantage of a general duty is that it incorporates a sense of social responsibility. As opined by Robinson (2019), it has been competent in building a society which is cohesive and collaborative in nature. Another biggest pro is that it tends to reduce the chances of threats or harms related to the crime. On the other hand, there could be disadvantages as the general duty to act is it increases conflicts with freedom and individual rights. It would also be a bit burdensome for individuals who are incapable of fulfilling their duties by using the resources at the optimum level.

Scope for the introduction in the future

There is a scope for future development in relation to criminal activities. It is important to digitalise all the aspects of reporting and investigating the crime for collection and analysis of the data for understanding the potentiality of the crime (Robinson, 2019). This would be added with the prominence of criminal activities to become faster at pace for giving justice in the due course.

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Conclusion

It could be concluded that the report would discuss deeply the aspects of omission and the general duty. In the beginning, the report has shown that there have been failures of acts which have become a part of crime by the negligence of others. The General duty has been observed as important to take due actions when one is aware of the doings, along with the emphasis on the legal obligation of an individual. There have been elaboration discussions on the case laws like Millar (1983) as well as Pittwood (1902) to comprehend these aspects in depth.

References

Ambos, K., Duff, A., Roberts, J., Weigend, T. and Heinze, A. eds., (2020). Core Concepts in Criminal Law and Criminal Justice: Anglo-German Dialogues (Vol. 1). Cambridge University Press.

Baker, J.H., (2020). Criminal courts and procedure at common law 1550–1800. In Crime in England 1550–1800 (pp. 15-48). Routledge.

Farrell, A., Dank, M., de Vries, I., Kafafian, M., Hughes, A. and Lockwood, S., (2019). Failing victims? Challenges of the police response to human trafficking. Criminology & Public Policy, 18(3), pp.649-673.

Robinson, P.H., (2019). Justice, liability, and blame: Community views and the criminal law. Routledge.

Simester, A., (2021). Fundamentals of criminal law: responsibility, culpability, and wrongdoing. Oxford University Press, USA.

Stahn, C., (2019). A critical introduction to international criminal law. Cambridge University Press.

Završnik, A., (2020), March. Criminal justice, artificial intelligence systems, and human rights. In ERA Forum (Vol. 20, No. 4, pp. 567-583). Berlin/Heidelberg: Springer Berlin Heidelberg.