What circumstances may an individual be guilty of a crime by failing to act?

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There is a lot of variation here from state to state, but here are four general situations. (1) If there is a duty imposed by statute, e.g. failure to render aid at the scene of an accident or leaving the scene of an accident tends to be a crime in many states.
(2) Close Relationship - a mother tends to have a duty to act to help her child. This is the basis for child neglect crimes. This does not necessarily have to be familial.
(3) Contractual Duty - a good example of this is a daycare provider and a child. Daycare providers have an affirmative duty to protect the kids they are contracted to care for and there may be a crime by omission in these cases.
(4) Voluntary Undertaking - it might well be a crime to begin to help someone and then not follow through. You can't pick up an injured person purporting to take them to the hospital and then just dump them on the side of the road half way there.
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If you plead not guilty to a crime of which you are charged does that mean you have to go to trial?

Answer to Not-Guilty Plea . Not necessarily. The Prosecution could offer a plea-bargain in which case a more lenient sentence will be given for a lesser guilty plea. Barring that, the Bill of Rights gives every American the right of either a Bench-Trial (where the Judge will preside as Judge/Ju ( Full Answer )

Can a crime be defined as something which someone does or fails to do when expected by law which is classed under law as a wrongful act and is punishable under the law of the state?

I am not entirely sure I understand the question, but here goes - the law can genernally be divided into two separate classifications: civil and criminal. A civil case is when one "individual" is harmed by another. An "individual" can be a person or a legal entity, like a corporation. The issues ar ( Full Answer )

In what circumstances a cheques may be dishonoured?

A bank may return cheque unpaid on the following conditions: insufficient fund in the account, if the bank gets information about the death of a customer, when the check is stale, irregular signature, refer to drawer, amount in words differs from amount in figure.

Is George Bush guilty of war crimes?

Certainly not, first he has not been charged, indicted, arraigned, that is, even told what someone thought that he had done FORMERLY, so he could have his sayso NOR second, been tried by a court of competent jurisdiction, like say, the International Criminal Court, established by the Statute of Rome ( Full Answer )

What can you as an individual do to prevent crime?

Buy a firearm and learn to use it well. Also you could help underprivileged children stay out of gangs. also just call emergency services if you see something suspicious.

Can a presidential candidate be guilty of a crime?

I don't believe there's any specific prohibition, but it would be very difficult for a convicted felon to be nominated, much less win an election. That's not to say that no presidential candidate (or president, for that matter) has never been guilty of a crime. Andrew Jackson killed a man in a duel, ( Full Answer )

If you are guilty of a crime 3 times is it a felony?

It really depends on the state.. In minnesota, we have 'sentencing guidelines' in which if a person commits under the same category repetedly, the sentence gets worse and worse potentially leading to a felony charge. The potential is there, but the magic number of '3', I am unfamiliar with.. (I ap ( Full Answer )

Can you be found guilty for a crime you didn't commit?

Yes, it happens all the time. Just to add to this answer. The very harsh reality is that you are presumed guilty once accused. One of the biggest lies perpetrated on the citizens of America is that you are "Innocent until Proven Guilty in a court of law". Nothing could be further from the truth. In ( Full Answer )

Michael was found guilty under which act?

Michael Jackson has not been found guilty for any criminal act. He is awesome and people need to respect that. Hes a living legend. MJ for life.

Who can respresent you as an individual when union fails you?

If I were you, the first thing I would do is learn to write. What you've written is at best, hard to follow. No punctuation, rolling sentences, misspelled or incorrectly used words. I was under the impression, that as a requirement of employment, the folks we have guarding our prisoners could at lea ( Full Answer )

What is the meaning of Guilty of a crime in the forth degree?

The key word is GUILTY. There is no such thing as the "Fourth Degree of Guilty." Whatever crime/offense was charged (in the fourth degree) means that the legislature (when they passed the law) determined that there were several degrees of seriousness to that particular crime.

What war crimes are Hitler guilty of?

He committed Genocide. He also violated the terms of the Geneva Convention on prisoner treatment. There are countless other charges could have put against him, but those are the two biggest in my opinion. He was guilty for the deaths of hundreds of Allied commandos when he issued the Commando Ord ( Full Answer )

Guilty crimes are always accepted by the judge?

Do you mean to ask. "Guilty PLEAS are always accepted by the judge???" If that's what you really mean, the answer is not always - especially if the defendant is 'Pro Se' (representing himself) in a criminal action and pleading guilty. The judge will want to make sure that the defendant is properly ( Full Answer )

How old does one have to be before they may be found guilty of a crime?

Whether a young person may be found guilty of a crime depends upon whether the crime in question is one which requires a heightened level of intent. If a person is really, really young, like two years old, they lack the mental capacity to commit a crime of specific intent. In most jurisdictions it i ( Full Answer )

One who is guilty of a crime?

Up until the time the verdict is announced they are referred to as "the defendant." After conviction, depending on their sentence, they can be referred to in several ways: prisoner - convict - inmate - probationer - convicted misdemeanant - convicted felon - etc)

When might an individual may be denied access to records under the Privacy Act?

An individual may be denied access to records when there are civilproceedings pending or the record contains classified information,the requested information is exempt from release, and the exemptionrule has been published in the Federal Register, or the providerdetermines it is not in the best inte ( Full Answer )

How long does a conviction for failing to declare a change in circumstances last?

"Failing to declare a change in circumstances"? Short of being on parole or on probation, I'm not aware that anyone has to do such things. Beyond updating their address on a Driver's License, that is. If a parolee or probationer "fails to declare", that will be between him and his PO. What the PO ( Full Answer )

What is a crime against an individual but not to society?

It is hard to define. all people interact with each other to some degree- a vandalized traffic sign might cause a fatal accident, to give an extreme example. Child abuse and spousal (warfare) well rub off on kids. Personally I saw enough of Family Life from the wrong side of the cab, well I would ne ( Full Answer )

If a cigarette with your DNA was found at the scene of a crime does that make you guilty?

It depends on the case. I would think not, because this is only evidence that you were at the scene of a crime, it does not mean you actually did anything bad or illegal. Most likely they can say you are a witness and or suspect, but that is not engough solid evidence to put you in jail. There needs ( Full Answer )

Can people that have mental problems be found guilty of crimes?

In some cases yes, In some cases no. It is usually the carer that is held responsible. Another View: People who have mental "problems" might try touse that as a mitigating factor in their defense, but thelikelihood that they will be acquitted by reason of insanity isvery slight. In order to use t ( Full Answer )

Can a person be insane and still be guilty of a crime?

In some states this can be the case. Society suffered for 'insane' criminals being hospitalized for a few years and out repeating their crimes over and over. In some states there are new laws that state 'a person can be insane but still responsible and understood what they did was wrong'. There a ( Full Answer )

Can someone be found guilty of a crime if they are temporarily insane?

Most states allow a verdict of 'guilty but insane'. Temporary insanity is recognized in some states as a defense or as a mitigating factor in sentencing. A typical usage would be, for example, a woman opens her bedroom door to find her husband with a naked lady in bed with him. She shoots them dead. ( Full Answer )

Was Hercules guilty of his crimes?

For some, but Hercules makes sure he gets punished for a crime. For example, Hercules did, indeed, kill his first wife Megara and his children. However, this was due to a fit of madness sent upon him by Hera. He was very upset when he realized what he did, which eventually resulted in his complet ( Full Answer )

What can you do when a guilty person acts innocent?

The law states 'a person is innocent until proven guilty' so unless you can prove they are guilty of an act then there is nothing you can do. If this is personal and not a crime then it is better to walk away from such a person rather than to waste your energy on trying to get them to admit they are ( Full Answer )

Is Moses guilty of war crimes?

No, nothing that Moses did, was considered a war crime at his time. In today's society, probably to swipe out an entire nation could be considered a war crime. But as we know there are no real laws in wars. Crimes as justified in order to obtain a higher good. US brought peace to the world by ext ( Full Answer )

Are you guilty if you are at the scene of a crime but not an actual participant?

In almost all cases, no. You would not be guilty, but if you saw what happened, you are a witness. Another View: The above is true only if you were truly an un-involved witness who just happened to be at the scene when the crime went down. HOWEVER - if you were there accompanying the person or ( Full Answer )

How can a person be found not guilty in criminal court but guilty of the same crime in civil court?

That is an interesting situation, which did happen in the O.J. Simpson trials. He was found not guilty of criminal murder, but in a seperte trial was found guilty, civilly, of wrongful death, by two different juries. The law does not require that the decisions of one jury must be logically consisten ( Full Answer )

When may an individual be denied access to records under the Privacy Act and HIPAA?

There are civil proceedings pending or the record containsclassified information and the requested information is exempt fromrelease under the Privacy Act, and the exemption rule has beenpublished in the Federal Register. Moreover, individuals may bedenied access to records in different situations a ( Full Answer )

What decides if a person is guilty of a crime?

It depends on the circumstance; however, generally a jury or, more specifically, a petit jury determines the guilt of a defendant. The petit jury is tasked with reviewing the evidence anddeciding whether or not the defendant is guilty beyond a reasonabledoubt. In cases where a jury is not pre ( Full Answer )

What war crimes was Heinrich Himmler guilty of?

Heinrich Himmler was guilty of the World War II, in which thousands of people had to die in fact of the Holocaust, that happened under the leading of Adolf Hitler in Germany.

What is Simpson's actus reus- guilty act?

This cannot be answered more accurately unless you provide me withmore information. Simpson's guilty act is whatever crime (act) he committed. If he committed theft, then the actus reus was the actual taking ofthe property.