The basic principle of criminal law is to deter wrong actions that are dangerous to society. This implies that for persons to be criminally liable, they must exhibit the actus reus equivalent to a given criminal act. Given that omission is a failure to act, it, therefore, fails to conquer with the necessary actus reus for illegal action (Inazu, 2018). The general agreement is that a person should not be held guilty of a crime based on omission. This is because imposing a punishment might result to harm as people will feel compelled to offer help that they may not have the necessary qualification to offer.
However, there are situations where an omission can be punishable if the state required some action. The act of omission in such circumstances becomes a criminal liability. This is because the failure of an individual to act poses harm to society (Inazu, 2018). An example is where a victim’s close relative becomes liable for his or her death if the relative watches the victim drowning to death in a pool without helping.
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Possession is the act of owning, controlling, or having the custody of a particular property by a person. In criminal law, possession usually requires conscious possession. This implies that an individual must have full knowledge that the item in question is not legal and that he or she owns it (Shouse Law Group, 2020). An individual who has possession of an illegal product like drug may not be charged if they knew that the item was legal. For one to be guilty of an act of criminal possession, the person must be fully aware of the illegality nature of the product when possessed. Additionally, the individual must have continued having the item even after knowing that the object is illegal by law.
References
Inazu, J. (2018). Omissions. Criminal Law. https://www.inazu-crimlaw.com/8-omissions
Shouse California Law Group. (2020). The meaning of “possession “under California criminal law . Shouse Law. https://www.shouselaw.com/ca/defense/laws/possession-definition/
