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Liability for Omissions
The previous section described which acts of a defendant can be deemed voluntary, and hence, when a defendant can fairly be held accountable for those actions.
In this section, we ask a slightly different question. When, if ever, is it just to hold a defendant liable for failing to act? As above, consider the theories of punishment that we discussed at the outset of the course. Which of those theories are served by imposing liability for failure to act? Consider also the size and scope of the criminal justice system. How might holding everyone responsible for failing to act to protect others affect that system?
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