Criminal Liability Based on a Defendant’s Omission to Act Is Essential Despite Creating an Uneasy Balance Between Public Policy and Legal Principle

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Criminal Liability based on a defendant’s omission to act is essential despite creating an uneasy balance between public policy and legal principle Discuss the extent to which this statement is true. (50 marks) Generally, the legal principle in English law is that an omission cannot amount to the Actus Reus. Public policy is based on public protection and encouragement of good behaviour. Actus Reus is the conduct element of a crime and normally requires a positive, voluntary act; an omission is the failure to act. However, there are a number of exceptions where, if it is your duty to act, an omission can make you guilty, the justification of this is for public protection, especially protecting vulnerable people. The question is, is the balance between public protection and interference in the law correct? In other countries, there is such thing as the ‘Good Samaritan’ law, this means that if you were to see a stranger in trouble, for example drowning, it would be your obligation to try and help them, England does not have this law. This law could give more public protection as people would be more conscience of their morals and more people would be saved. However, the ‘Good Samaritan’ law does not follow the legal principle, the state provides well-paid professionals to help people in need, if untrained people are attempting to help, then they could put the victim in more danger, if more harm does come to the victim then many people could be held liable, therefore, as well as protecting the public, this law could also cause more harm. There is also the moral question of: should ordinary people be forced to act as rescuers? This law puts a lot of pressure on the public and goes against the legal principle, even though it does not seem to ensure public protection. The main rule is that, 'an omission cannot make a person guilty of an offence', however, there are
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