Answered

For a person to be held criminally liable for a failure to act:

A. The wrong done must be greater than a civil wrong.
B. The person must possess malice aforethought.
C. The person must have a moral duty to act.
D. The person must have a legal duty to act.



Answer :

Final answer:

Omission to act can lead to criminal liability when there is a legal duty involved.


Explanation:

Omission to act can lead to criminal liability when there exists a legal duty to act, such as through a statute, contract, or special relationship. This duty must be proven beyond a reasonable doubt by the prosecution. Failure to act is only criminalized in specific situations defined by law.

For instance, if an individual like Penelope witnesses a child drowning and has a duty to act based on a Good Samaritan law, a contract as a lifeguard, or a special relationship as a parent, their omission to help could potentially lead to criminal charges.


Learn more about Criminal liability for failure to act here:

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