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    Hi, i just need to understand this question, can't get my head round it, thanks!

    "The criminal law is right only to impose liability for omissions in exceptional circumstances whilst it is possible to justify existing exceptions to the general rule that there is no criminal liability for omissions any further extension of these exceptions must be avoided"- Discuss how far you agree


    THANK YOU!!
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    (Original post by lousmithy)
    Hi, i just need to understand this question, can't get my head round it, thanks!

    "The criminal law is right only to impose liability for omissions in exceptional circumstances whilst it is possible to justify existing exceptions to the general rule that there is no criminal liability for omissions any further extension of these exceptions must be avoided"- Discuss how far you agree


    THANK YOU!!
    Its asking you to recognise that the criminal law is mostly a set of rules which sanctions certain unwanted behaviour. That is usually the carrying out of some sort of act which the state wants to prevent i.e murder, theft etc.

    In most cases you cant or should not be punished for not doing something and in most cases thats where the dividing line is. For instance not jumping into the sea or going into a burning building or rendering assistance to someone who was in a fight.

    In certain circumstances you can be held accountable and punished for not taking a positive action even though you committed no crime yourself. for these offences the state recognises the person has an actual duty to act and can be guilty of a crime by omission. So the drowning man example, perhaps a lifeguard whose job it is would be guilty of they let the person drown etc.

    So the question is asking do you believe people should be sanctioned for not doing something?

    Are you satisfied with the current law and how the state deals with the issue?

    Do you believe the law should go further and place more responsibility of people to act in certain situations or be punished?

    Explain your views and back them up with appropriate legal analysis, case law and articles.

    Something along those lines at a guess.
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    Agreed with the above poster. A knowledge and discussion of the various duty situations will be necessary. Contractual, special relationship, creation of a dangerous situation, public office and voluntary assumption of responsibility. Back up each one with a case.
 
 
 
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