Criminal Liability for Omissions: An Inventory of Issues

38 Pages Posted: 22 May 2001  

Larry Alexander

University of San Diego School of Law

Date Written: November 2000

Abstract

The absence in Anglo-American law of any general duty to rescue others from harms - the legal permission to be a Bad Samaritan - has been both criticized and defended in numerous articles and books. There are, however, a number of exceptions to the legal permission that are enforced through the criminal law. Thus, one has a duty to rescue another if he has caused that person's peril, if he has previously agreed to rescue that person, if he is that person's husband or father, and so on. These exceptions to the "no legal duty to rescue" principle have received very little scholarly attention. Yet they raise a number of interesting issues, both theoretical and practical. My paper brings many of these issues to light and in some instances tentatively suggests how they should be resolved. My ambition, however, is not to have the last word on the issues' analyses, but is, rather, primarily to interest criminal law scholars in the issues I survey.

Suggested Citation

Alexander, Larry, Criminal Liability for Omissions: An Inventory of Issues (November 2000). U of San Diego Public Law Research Paper No. 22. Available at SSRN: https://ssrn.com/abstract=270451 or http://dx.doi.org/10.2139/ssrn.270451

Lawrence Alexander (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2317 (Phone)
619-260-4728 (Fax)

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