5. Omissions

Question 1

When do we impose criminal sanctions for a failure to act?

Answer 1

Must have a legal duty to act in order to punish someone for failure to act (don’t look for a duty if there is conduct)

Question 2

Billingslea v. State (TX 1989)

Answer 2

• Billingslea lived with his bedridden mom (Hazel), he wouldn’t let her granddaughter see her, she called her mother who rang the social security office. Police found her in horrible condition indicative of neglect for months
• Indicted for intentionally and knowingly engaging in conduct that caused serious bodily harm by omission (failing to obtain medical care when she couldn’t care for self)
• Prosecution said duty arose from voluntarily assuming responsibility for caring for her and preventing others from coming to her aid.
• Short hand version of elderly abuse statute:
  o With mens rea Causes To an individual Over 65 years old [Serious] bodily injury
• In TX, duty to perform an omitted act must come from a statute
  o Must either prescribe a duty to act or provide that an omission is an offense
• Court found that criminal liability could not be imposed for omissions against elderly individuals because there was no statutory duty to act
• Statute can’t just make an omission offense simply by saying “an omission is an offense”

Question 3

Categories of legal duty include:

Answer 3

• Duties based on statute, on relationship (parent/child), on contract (employment responsibilities of lifeguard), on voluntary assumption of responsibility that effectively precludes aid from others
• *Could also include obligation of an employer to oversee employees and a landowner or businessman may have a legal duty to provide for safety of people invited onto property

Question 4

People v. Oliver (1989)

Answer 4

• D returned with Cornejo who she met at a bar. He shot up in the bathroom. He collapsed and she returned to the bar. Came back and moved him behind the shed just in case he got violent. He died of heroin overdose.
• Court said she had a legal duty to the deceased when she took him from the public place and a duty to prevent that risk from occurring by summoning aid

Question 5

People v. Beardsley

Answer 5

Man had no duty towards a woman with whom he drank for 2 days, observed take morphine and later died – no legal duty with this relationship