Omissions.docx - Omissions p.234-238 238-245(skim 245-255...

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Omissions p.234-238; 238-245 (skim); 245-255; worksheet Jones v. US (1962) p.234 FACTS: Defendant’s friend had a 10-month-old illegitimate child who was placed with Defendant. The mother lived in the house with Defendant for some time, however the evidence was conflicting as to how long and as to whether or not Defendant was paid to take care of the child. Defendant failed to provide for the child and such failure resulted in the child’s death. Defendant was charged and convicted with involuntary manslaughter based on his failure to provide for the child. At trial, the court failed to charge the jury that it must find beyond a reasonable doubt that Defendant was under a legal duty to provide for the child. Defendant appeals. ISSUE: Was failure to instruct the jury that it must find beyond a reasonable doubt that Defendant was under a legal duty to provide for the child plain error? Yes. Judgment reversed and remanded. RULE: Where a penal statute does not impose a legal duty to perform a particular action, criminal liability for the omission of such action only arises where legal duty is imposed by some other law. CONCLUSION: A legal duty can be imposed by statue, by relationship with another person, where a person

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