People v. Likine

This case involves an important caveat to the concept of liability for omissions: the idea that one cannot fairly be held accountable for failing to do that which she was not capable of doing.

We will return to the concept of impossibility as a defense later in the semester, principally when we cover the law of criminal attempts. For now, consider the fairness of holding someone responsible for not doing an act she was not physically capable of acomplishing. Does Likine fall into that category?

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