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Unformatted text preview: Legal duty is one either imposed by law or by contract. If a death occurs form omission to perform legal duty, they may be guilty of culpable homicide. If it was due to malicious omission of performance of duty, offense is murder. If no malice is shown, a person is criminally negligent in omitting to perform a duty, he is guilty of involuntary manslaughter. Davis argued it was a moral duty, not a legal duty. US supreme court does not agree. Rational: Davis accepted sole responsibility for the total care of Carter. It became her full-time occupation. In return, Carter allowed Davis to live in her home expense free and shared with Davis her income from SS. Also Carter authorized Davis to act as her food stamp rep. So this is more than just a volunteer, it was a legal duty, not a moral one Court affirmed the conviction....
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- Spring '11