Читать книгу Criminology For Dummies - Steven Briggs - Страница 44

A criminal law almost always requires a physical act. Simply thinking bad thoughts can’t be the basis for a violation of criminal law. Also, the act must be voluntary. In other words, the person committing the crime must have acted of his own free will. You can best understand this requirement by looking at acts that the courts don’t deem voluntary, such as:

 Reflexive motions, such as a sneeze that accidentally causes a person to discharge a gun

 Acts that occur during sleep, such as sleepwalking

 Acts that occur under the effects of hypnosis

 Acts committed under orders and at gunpoint

In most cases, the failure to act can’t constitute a crime. For example, refusing to jump into a river and save a drowning child doesn’t constitute homicide.

However, in some limited circumstances, when a legal duty to act is involved, the failure to act can constitute a crime. A great example is the legal duty of all citizens to pay their taxes. Failure to act — to write a check to the government, for example — can result in a criminal prosecution. Similarly, parents have an obligation to care for their children. The failure to feed or care for kids may constitute the crime of child neglect.