Actus Reus and Omissions

Question 1

What is an “omission?”

Answer 1

An omission is a failure to act where a duty to perform the omitted act is imposed by law.

Question 2

What are the four legal duties to act from Jones v. United States?

Answer 2

1) Where a statute imposes a duty of care for another.
2) Where one stands in a certain status relationship to another.
3) One has assumed a contractual duty to another’s care.
4) One has voluntarily assumed care and secluded the person as to prevent others from giving aid.

Question 3

What is the MPC definition of an “omission?”

Answer 3

Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

1) The omission is expressly made sufficient by the law defining the offense; or
2) A duty to perform the omitted act is otherwise imposed by law.