Class 9 - Omissions and Possession - Criminal Liability Without a Voluntary Act

Prepare:

Read Dressler 101-108

Do CALI lesson (Omissions and Possessions sections) on Actus Reus

Read the following sections in A Cry in the Night: The Kitty Genovese Murder: A Cry in the Night, Thirty-Eight, The Kitty Genovese Syndrome, Why?, at http://www.crimelibrary.com/serial_killers/predators/kitty_genovese/4.htm

Bibb Latane and John Darley, Why Don’t People Help?, at http://www.pineforge.com/newman4study/resources/latane1.htm

Think about and be prepared to discuss whether the criminal law adequately addresses failures to act.  What do you think of the following attempts to address this issue (click here)?  Should statutes such as these be adopted?  Why or why not? 

Think about possession.  Should possession constitute a voluntary act?  Why or why not?  What limits, if any, should be required?

Think about in what situations the law allows criminalization of omissions and possession.  Create a hypothetical that raises what is, in your view, a good scenario for addressing (one or more of) these issues and prepare to present it in class (it can be made up or based on a real situation).  Make sure you are prepared to analyze the hypo you present.

In Class: Discussion of omissions and possession, including student hypotheticals

Reflect:

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