Identify and define the seven specific situations when an omission can satisfy the actus reus requirement
What will be an ideal response?
Relationship: When there is a status relationship between two parties, an omission can lead to criminal liability;Statue: Many states have laws that require certain officials to report actions such as child abuse. Failure to report can lead to criminal liability by omission. Some states have gone so far as to enact so-called Bad Samaritan laws, which make it criminal for someone to fail to come to the aid of another who is in peril; Contract: If a contract sets up a special relationship between two parties and that contract is breached, criminal liability is possible;Voluntary Assumption of Care: If a person voluntarily assumes care of another person (without a contract), that person may be held liable for failure to act;Creation of Peril: If George pushes Gary, who cannot swim, into a lake; Gary struggles and cries out for help and George fails to assist, George can be guilty of a crime; Duty to Control Conduct: Assume that Larry, a business owner, knows that his delivery driver, Rick, is a reckless driver. Rick slams his delivery truck into a small car and kills the driver. Larry, through his omission (i.e., his failure to do anything about Rick's driving), may be held criminally liable; Landowner Duty: The owner of, say, a nightclub is required to perform certain functions, such as ensure an adequate number of emergency exits. Failure to do so could lead to criminal liability in the event that a fire occurs and one or more patrons die or are injured.
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A condition said to exist when a group is faced with social change, uneven development of culture, maladaptiveness, disharmony, conflict, and lack of consensus is also known as:
a. Social order. b. Social chaos. c. Social organization. d. Social disorganization.
In Arizona v. United States (2012), the Supreme Court ______.
a. banned racial profiling b. required crack cocaine sentences to be the same as those for powdered cocaine c. upheld the requirement that law enforcement verify immigration status during stops d. overturned the “travel ban” passed by the Trump administration
Skills that help young people control their own behavior and aim for positive goals are called:
a. self-worth skills. b. reintegrative shaming. c. self-regulation skills. d. positive regulation skills.
At a defendant's appearance before a magistrate after arrest for an offense involving family violence or harassment (PC Section 42.07), the magistrate may issue an order for emergency protection on the magistrate's own motion or upon the request of
a. the victim. b. a peace officer. c. the attorney representing the state. d. any of the above. e. only a and c above.