Rosenberg on Concepts of Freedom & Criminal Law

Roni M. Rosenberg (Ono Academic College – Law School; Tel Aviv University – Buchmann Faculty of Law; Taubenschlag Institute of Criminal Law, Tel Aviv University) has posted Two Concepts of Freedom in Criminal Jurisprudence (6(2) Br. J. Am. Leg. Studies) on SSRN.  Here is the abstract: The goal of this essay is to identify and discuss two aspects of liberty by examining the distinction between act and omission in criminal jurisprudence. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die. Any act that causes death is grounds for a homicide conviction — subject, of course, to the existence of the other elements necessary for establishing criminal liability, such as causation and mens rea. However, liability for death by omission is subject to the additional identification of a duty to act. In other words, the defendant will be liable only if we can identify such a duty and…

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