Omission or Inaction

Liability for most crimes is based on the performance of an act. But it may also be based upon an omission, which is defined as a failure to act when there is a "legal" duty to act. Involuntary manslaughter has been found to be such a crime.

The relationship of landlord and tenant imposes no responsibility upon the landlord to protect the tenant from criminal activities of third persons. The landlord may be duty bound, however, to 'exercise reasonable care' to protect his tenants from 'reasonably foreseeable criminal acts of third persons', at least in common areas of the rental property. A landlord who undertakes to provide security measures may be held liable for negligent performance of the effort.

Legal Responsibilities

The Court wrote in one opinion that "There are at least four situations in which the failure to act may constitute breach of a legal duty…first, where a statute imposes a duty to care for another; second, where one stands in a certain status to another; third, where one has assumed a contractual duty to care for another; and fourth where one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid." Thus given a legal duty to act, failure to do so which results in a death could lead to a charge of murder or manslaughter, depending on the circumstances.

A person under a legal duty to feed and shelter another may be held for murder or manslaughter if his failure to do so leads to a death. The assumption ordinarily is that the defendant had the capacity to discharge his duty. A parent who intentionally fails to supply food to a child, thereby causing the child's death, is guilty of murder. If the failure to feed the child is the result of "culpable negligence" the charge may be reduced to manslaughter.

Failure of a husband or parent to supply a wife or child with clothing and shelter, leading to death from exposure, is grounds for a manslaughter charge. Generally, a parent has a legal responsibility to care for a child and failure to do so, leading to death, will result in an unlawful homicide charge.

A person other than a parent or spouse may come under legal duty to provide medical care for another who, because of his dependent condition, relies on such person. Neglect in those circumstances that lead to death of the dependent party may be an instance of unlawful homicide.

Generally, if a defendant is under a legal duty to provide medical care for another, his religious belief is not a viable defense for an unlawful homicide prosecution. Nor is it sufficient care to call upon a religious authority or representative of the church to provide spiritual aid rather than summoning a physician for medical treatment.

Some courts have accepted financial inability as a defense for improper provision of medical care. However it is not an acceptable defense if there are public agencies from which treatment can be sought.

If the person who is legally bound to provide treatment has assent from the dependent party to ignore his responsibility, such assent is a valid defense if the dependent party was of age and mentally capable of understanding the meaning of his assent.