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Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg
Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg
Roni M Rosenberg
The goal of this essay is to identify and discuss two aspects of liberty by examining the distinction between act and omission in criminal jurisprudence. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die. Any act that causes death is grounds for a homicide conviction -- subject, of course, to the existence of the other elements necessary for establishing criminal liability, such as causation and mens rea. However, liability for death by omission is subject to the additional identification of a duty to act. In other words, the defendant …
Drag Racing, Assumption Of Risk, And Homicide, Roni M. Rosenberg
Drag Racing, Assumption Of Risk, And Homicide, Roni M. Rosenberg
Roni M Rosenberg
U.S. courts are divided with regard to the question of whether it is appropriate to convict a participant in a drag race of homicide for the death of another participant. The context is not one in which decedent is killed as a result of colliding with the defendant; rather the death is cause by a collision with a third party or a guard rail. The controversy revolves around on central question: whether there is a causal connection between defendant's participation in the race and the death of decedent. Courts that convict of manslaughter hold that such a causal connection exists, …
Between Killing And Letting Die In Criminal Law, Roni M. Rosenberg
Between Killing And Letting Die In Criminal Law, Roni M. Rosenberg
Roni M Rosenberg
ABSTRACT The distinction between act and omission is deeply embedded in our legal thinking. Criminal law distinguishes sharply between harmful actions and harmful omissions and, consequently, between killing and letting die. The distinction between act and omission is not made solely under criminal law as it is rooted in the foundations of common morality, which emphasizes not only the results but also the conduct that produced those results.Nevertheless, since the beginning of the 1960s, there has been a significant movement to attack and criticize the moral distinction between killing and letting die. The primary question is whether there is, in …
Two Models Of "Absence Of Movement" In Criminal Jurisprudence, Roni M. Rosenberg
Two Models Of "Absence Of Movement" In Criminal Jurisprudence, Roni M. Rosenberg
Roni M Rosenberg
ABSTRACTThe distinction between act and omission is deeply embedded in our legal thinking. In criminal jurisprudence, in order to convict someone of committing an act that caused harm, any act will suffice .On the other hand, to convict based on an omission that caused harm it is necessary to identify a duty to act on the part of the defendant, such that breach of that duty caused the harm.The generally accepted approach in criminal jurisprudence is to define act and omission under the bodily movement test. This essay critiques that approach and points to the fact that American jurisprudence is …