30 Jan 2023

93

Why Omission Should Be Considered a Crime

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Academic level: High School

Paper type: Assignment

Words: 297

Pages: 1

Downloads: 0

Omission should be considered a crime. The criminal law seeks to have people punished for not doing some things. When people are commanded by law to take a given action and they fail to do so, then such an instance is defined as an omission. Omission can be treated as an act of crime in given circumstances such as parents not feeding their children- giving them the basic needs and alimony as well for marriage scenarios. Another example of omission being treated as a crime is the failure to pay taxes to the government when the law requires the nationals to do so (Kirchler et al., 2003). On the other hand, the omission should not be regarded as a criminal act when an individual is automatic- that is, engagement in conduct that could translate to the individual not being sound in mind, semi-conscious, or unconscious. Possession is regarded as the act where a given possessor knowingly receives or obtains an item or is aware of how they carry themselves with such items for sufficient time to allow them to terminate such control. My opinion is that possession should be considered a crime in particular cases but not all the time. Examples, where possession can be regarded as a criminal act, is the possession of burglary tools, illegal drugs, or even particular weapons. For such cases, the state must show proof that the individual who has been accused of the criminal act cares, manages, and exercises control over the items. An example where possession should not be considered a criminal act is that when a couple, friends or even roommates possess contraband items, then they are not treated as joint possessors of the items. It can be summarized that the persons accused could not have had control or knowledge of the contraband unless extra circumstances or independent facts which link the accused to the item affirmatively. 

References 

Kirchler, E., Maciejovsky, B., & Schneider, F. (2003). Everyday representations of tax avoidance, tax evasion, and tax flight: Do legal differences matter?  Journal of Economic Psychology 24 (4), 535-553. 

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https://courses.lumenlearning.com/suny-criminallaw/chapter/4-1-criminal-elements/ 

https://edge.sagepub.com/sites/default/files/TX_04.pdf 

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StudyBounty. (2023, September 16). Why Omission Should Be Considered a Crime.
https://studybounty.com/why-omission-should-be-considered-a-crime-assignment

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