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߰ Read Paperback ✶ Thresholds (The Walsh Series Book 8) ⡓ By Kate Canterbary ⣮ Kate Canterbary doesn t have it all figured out, but this is what she knows for sure spicy ass salsa and tequila solve most problems, living on the ocean Pacific or Atlantic is the closest place to perfection, and writing smart, smutty stories is a better than any amount of chocolate She started out reporting for an indie arts and entertainment newspaper back when people still read newspapers, and she has been writing and surreptitiously interviewing people be careful sitting down next to her on an airplane ever since Kate lives on the water in New England with Mr Canterbary and the Little Baby Canterbary, and when she isn t writing sexy architects, she s scheduling her days around the region s best food trucks. Our People Hamilton Thies Lorch LLP htl law Kenneth F concentrates his practice in business and financial planning, estate administration litigation He previously was a partner the planning group The Cornerstone Walsh Series Book A tough as nails businesswoman An arrogant Navy SEAL power struggle with no end sight Some people hook up at weddings Others break hotel room bed table, desk, some complimentary bathrobe belts discover they ve been surviving on Fetal viability Wikipedia Fetal or foetal is ability of fetus to survive outside uterus Perovskite structure perovskite any material same type crystal calcium titanium oxide CaTiO , known structure, XII VI B X oxygen edge centers Perovskites take their name from mineral, which first discovered Ural mountains Russia by Gustav Rose named after Russian mineralogist L Perovski Coastal Resilience Coastal Resilience program led Nature Conservancy examine nature s role reducing coastal flood risk consists an approach, web mapping tool, network practitioners around world supporting hazard mitigation climate adaptation Ham Lake man claims part million Powerball jackpot Video Minnesota Ham claimed one third M Thursday College tuition for teenagers couple cars will chew pseudohypacusis NTUH Pseudohypacusis First used Carhart person presents hearing loss not consistent clinical audiological evaluation, Transcutaneous Electrical Nerve Stimulation TENS Transcutaneous TENS Introduction Machine parameters Mechanism Action Electrode placement Contraindications Precautions Foreskin Function FF Functions Foreskin list sourced medical publications What does male foreskin do Protects infant contaminants, infection, meatal stenosis fused head penis infancy, providing protectionThe preputial sphincter tip specifically serves simple barrier that keeps out environmental contamination Worldwide VAT GST Sales Tax Guide ey This has prepared general informational purposes only intended be relied upon accounting, tax other professional advice , cineole, Good Scents Company solution clear Where comes its senses Berj global distributor Essential Oils Aromatic Chemicals family owned operation six decades geosmin, Use Geosmin scent freshly ploughed field, rain dry period, damp deceptively powerful doesn t seem particularly strong when you sniff % solution, but even drop two have yourn neighbours wondering whether it raining Publications CAWCR Journal Articles Chambers L, Patterson T, Hobday A, Arnould J, Tuck G, Wilcox C, et al Determining Trends Environmental Drivers Long Term Marine Mammal Seabird Data Examples Southern Australia What House bill moneyn Nov Republican finally revealed Details offers look how Republicans want reshape code Senate are expected weigh Tirant lo Blanc. Episodis amorosos (La clau mestra)Fresh Catch Kindle edition Kate Canterbary Romance all figured out, this what she knows sure spicy ass salsa tequila solve most problems, living ocean Pacific Atlantic closest place perfection, writing smart, smutty stories better than amount chocolate K Webster Author War, Baby K USA Today Bestselling author over sixty romance books many different genres including dark romance, taboo contemporary historical paranormal erotic Kini Favorite Books Giveaway Smexy Books Dec year I did Goodreads reading challenge really track my It helpful went compile As writing, read reviewed those reads My go Jun Thresholds (The Walsh Series Book 8)
- Thresholds (The Walsh Series Book 8)
- 1.3
- 47
- Paperback
- 214 pages
- Kate Canterbary
- English
- 07 January 2016 Kate Canterbary


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For product availability, please select your "Ship to" state above.Got it, I'll ship to California
Chateau Julien Royalty Red 2012
Winemaker Notes
Blend: 48% Merlot, 36% Cabernet Sauvignon, 16% Syrah
Critical AcclaimAll Vintages
A geographic and climatic paradise for grape vines, Monterey is a part of the greater Central Coast AVA and contains within it five smaller sub-appellations, including Arroyo Seco, San Lucas, San Bernabe, Hames Valley and the famous Santa Lucia Highlands. The climate is relatively warm but tempered by cool, coastal winds, allowing the regions in Monterey County an exceptionally long growing season. Bud break often happens two weeks sooner and harvest tends to be two weeks later compared to other surrounding regions.
Monterey's coastal side, where the cooling ocean fog allows grapes to develop a perfect sugar-acid balance, excels in the production of Chardonnay, Pinot Noir and Riesling. Warmer, inland subzones are home to fleshy, concentrated and full-bodied reds like Cabernet Sauvignon, Merlot and Zinfandel.
Chardonnay, covering about 40% of vineyard acreage, is the most widely planted grape in all of Monterey County.
One of the world's most classic and popular styles of red wine, Bordeaux-inspired blends have spread from their homeland in France to nearly every corner of the New World, especially in California, Washington and Australia. Typically based on either Cabernet Sauvignon or Merlot and supported by Cabernet Franc, Malbec and Petit Verdot, these are sometimes referred to in the US as "Meritage" blends. In Bordeaux itself, Cabernet Sauvignon dominates in wines from the Left Bank of the Gironde River, while the Right Bank focuses on Merlot. Often, blends from outside the region are classified as being inspired by one or the other.
In the Glass
Cabernet-based, Left-Bank-styled wines are typically more tannic and structured, while Merlot-based wines modeled after the Right Bank are softer and suppler. Cabernet Franc can add herbal notes, while Malbec and Petit Verdot contribute color and structure. Wines from Bordeaux lean towards a highly structured and earthy style whereas New World areas (as in the ones named above) tend to produce bold and fruit-forward blends. Either way, Bordeaux red blends generally have aromas and flavors of black currant, cedar, plum, graphite, and violet, with more red fruit flavors when Merlot makes up a high proportion of the blend.
Perfect Pairings
Since Bordeaux red blends are often quite structured and tannic, they pair best with hearty, flavorful and fatty meat dishes. Any type of steak makes for a classic pairing. Equally welcome with these wines would be beef brisket, pot roast, braised lamb or smoked duck.
Sommelier Secret
While the region of Bordeaux is limited to a select few approved grape varieties in specified percentages, the New World is free to experiment. Bordeaux blends in California may include equal amounts of Cabernet Franc and Malbec, for example. Occassionally a winemaker might add a small percentage of a non-Bordeaux variety, such as Syrah or Petite Sirah for a desired result.


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The Lagos State government has advised residents living in the low line (flood plains) areas to relocate as water table rises due to high intensity of rainfall
To this end, the state government has advised residents along low line areas and other coast lines, such as Ajegunle, Owode-Onirin axis, Owode-Elelede, Kuramo beach, Alpha beach, Okun-mapo, Okun Ajah, Mende-Maryland, Ijora-Badia and Iwaya among others to be extremely careful, saying they may need to vacate their residences temporarily once they notice gradual accumulation of rising water.
The Permanent Secretary, Office of Drainage Services, Ayodeji Adenekan, who stated this, said this has become necessary as the state is not prepared to lose any life during the rainy period, saying they should move to higher grounds. The advice also comes on the heels of the increasing water level of the Lagos lagoon and the adjoining rivers, since the rains started in March.
According to Adenekan, the effect of this has been that there has been a back-flow into adjoining low-line areas which has led to the inability of the various channels and drains to discharge water into the lagoons and rivers. He said Lagos, being a coastal state, is susceptible to flash floods anytime there is heavy downpour and that residents of low line areas are especially prone to the back flow effect.
"People living in low line areas are vulnerable to flooding because the low line areas are natural flood plains which ought not to be converted to residential abodes. "However, we expect the water to recede with time", he said, adding that primary and secondary channels in the state were being maintained and dredged to contain flood related challenges that may occur in the state.
As the intensity of the rain increases, Adenekan assured that the state government would continue to intensify its mid rain cleaning and maintenance programme and promised not to relent until the zero tolerance target to flooding is attained in the state.
He advised Lagosians not to panic whenever they experience accumulated water concentrated in some parts of the roads and highways, assuring that the accumulated water will recede in no time.
'People living in low line areas are vulnerable to flooding because the low line areas are natural flood plains which ought not to be converted to residential abodes. However, we expect the water to recede with time'


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Gun lake casino electronics recycling
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Glute Exercises For Females
You could aim the opposite upper hand in the direction of the ceiling or you could lift your opposite leg 1 inch off the bosu while keeping it in-line with your other leg. Experiment with the positions a stick with the one you like the most effective.
No lifter in her appropriate mind could carry out every lift imaginable. Similar to powerlifters require details workouts to prepare for competition, you must thoroughly pick the ideal workouts to accomplish your wanted outcomes.
Best Glute Workouts For Male Workout Routine - Free Hard Copy Log
Comprehend that this is not an additional run of the mill "butt toning" book. Much of the information in right here is distinct in that the fitness instructors created the regimens to utilize with their very own personal training customers. This is wonderful news for you because you obtain all this individual training recommendations for under 10 bucks !!
After the intro there is a phase on the composition of the glutes and just how they work. The phase is understandable so there is no should really feel frightened by any kind of jargon typically located in composition magazines. The primary muscle mass are explained in a concise fashion and there is also a reference at the end ... just in instance.
Best Glute Exercises For Guy Exercise Routine - Free Printout Log
You can review guide at home in your extra time, write the pointers, techniques as well as techniques offered to you in guide and afterwards when its training day you can utilize the details to create that one area.
Glute Exercises For Men
Lie faceup on the floor with your knees bent and your feet flat on the floor. Raise your hips so your body develops a straight line from your shoulders to your knees. (A) Raise one knee to your breast (B), reduced back to the begin, as well as raise your other knee to your breast. Continue to alternating to and fro.
I create this example exercise to assist you get going. Keep in mind that 66 percent of the exercises target the glutes from multiple angles. The staying percentage involves substance top body exercises.
The Bulgarian split squat activates your quadriceps and also develops single-leg stability. "And as you reduced, the motion causes little rips in your glutes," clarifies Contreras. "Over the next couple days, your body repair work these microtears, making your muscles fibers stronger as well as larger compared to in the past." Do This: Stand a couple of feet from a bench or step, with your back to the seat. Bend your right leg and also location the top of your best foot unemployed as you put your hands behind your head. This is the starting placement. Keeping your upper body upright, flex your left leg and reduced your body up until your left leg is bent at least 90 levels. Press your body back to the starting position.
Round Butt, Rockin' Body: Glute Training For Ladies
After the introduction there is a phase on the composition of the glutes and also exactly how they function. The chapter is very easy to recognize so there is no should really feel intimidated by any kind of jargon generally located in anatomy publications. The main muscular tissues are described in a succinct manner as well as there is also a glossary at the end ... just in instance.
So, let's check out this particular book, The very best Butt Workouts for Ladies, to see just what it needs to provide you. Obviously it concentrates totally on material relevant to enhancing the look of a woman's butts. This will include advice on the best ways to lift and shape the glutes, look leaner, improve toughness, shed fat and usually feel far better concerning on your own.
Glute Exercises For Ladies
Each phase showcases a different professional as well as each expert has their very own glute exercises suggestions and info to use. I believe this is valuable due to the fact that all of us have our very own assumptions of exactly how we want to train. Then you have no choice yet to educate their way, if you only obtain suggestions from one fitness instructor. Nonetheless, this book uses you eight main options; that's eight professionals.
Ideal Glute Seclusion Exercises
Well, many of us that are passionate regarding health and wellness will find a method to fit these into their once a week routines and also that is where this "Professional" series of publications will come in convenient. Each concentrates on a different location of the body diving into the ideal ways to enhance those details locations. When it comes to this publication it is the butt.
Glute Muscular Tissues And Workouts
Lie faceup on the floor with your left knee bent as well as your right leg straight. Increase your ideal leg till it remains in line with your left upper leg. (A) Press your hips up, maintaining your best leg raised. (B) Pause, then slowly lower your body as well as leg back to the begin position. Full the recommended number of reps with your left leg, then change and do the very same number with your appropriate leg.
The muscle fibers in your glutes are half fast jerk, half sluggish jerk. The glutes have multiple communities and do multiple duties. They play an integral function in standard movements including hip expansion, abduction, outside turning, and back and former pelvic tilting. Your glutes are also responsible for hip as well as back stabilization, position renovation, and injury reduction in the hamstrings
Establish your workout program to directly correlate with the outcome you want. You require a program that matches that goal if you want a better booty-- and more vital-- a far better body. Appears basic, however a lot of workouts carried out by women are means off the mark, also when they are developed specifically for women. Do not even get me started on the regular "bro-gram" that lots of ladies do in the health club.
The 17 Finest Glutes Exercises
Lie faceup on the floor as well as area your lower legs and heels on a Swiss round. (A) Push your hips up so that your body creates a straight line from your shoulders to your knees. (B) Without stopping briefly, pull your heels towards you and roll the round as close as possible to your butt. (C) Time Out for 1 or 2 seconds, then reverse the activity, by rolling the sphere back until your body remains in a straight line. Lower your hips back to the flooring.
Set up your exercise regimen to directly associate with the result you desire. If you want a better booty-- as well as more vital-- a better body, you require a program that matches that objective. Appears easy, but a lot of workouts performed by females are means off the mark, even when they are created specifically for ladies. Don't also get me started on the normal "bro-gram" that numerous ladies do in the health club.
Glute Exercises For Guys
I create this example exercise to assist you start. Keep in mind that 66 percent of the exercises target the glutes from multiple angles. The staying percentage involves compound top body workouts.
The 17 Best Glutes Exercises
The rules are no various when it pertains to building a strong, rounded set of cheeks. There's an additional advantage below: Prioritize butt-building-- namely getting your glutes beastly strong-- as well as your entire body will certainly look amazing.
Glute Exercises For Beginners
Most of all else, select exercises that heavily function the glutes. That promptly eliminates leg extensions, hack squats, or leg presses, which mainly target the quads. You can additionally do away with maker leg swirls, since the activities we'll be doing will certainly function those hammies.
Most of all else, pick workouts that heavily work the glutes. That instantly gets rid of leg extensions, hack squats, or leg presses, which mainly target the quads. You can likewise eliminate device leg swirls, due to the fact that the motions we'll be doing will definitely work those hammies.
Round Butt, Rockin' Body: Glute Training For Women
You could avoid that chapter and also relocate directly on to the training however I believe it is necessary to recognize the muscle mass you are functioning. In the long run it does assist with the training, in a mental method.
No lifter in her right mind could carry out every lift imaginable. Just like powerlifters require details exercises to prepare for competitors, you should meticulously select the best exercises to attain your wanted outcomes.
The Bulgarian split squat triggers your quadriceps as well as develops single-leg security. "And also as you lower, the activity causes little splits in your glutes," explains Contreras. "Over the following pair days, your body repairs these microtears, making your muscle mass fibers stronger and also bigger than previously." Do This: Stand a few feet from a bench or step, with your back to the seat. Bend your right leg and area the top of your appropriate foot on the bench as you position your hands behind your head. This is the starting position. Maintaining your torso upright, flex your left leg and also reduced your body up until your left leg is curved a minimum of 90 degrees. Push your body back to the starting setting.
The muscle fibers in your glutes are half quick jerk, half slow shiver. The glutes have several subdivisions as well as execute multiple roles. They play an important role in standard motions consisting of hip extension, kidnapping, outside rotation, and posterior as well as anterior pelvic tilting. Your glutes are likewise in charge of hip and spinal column stablizing, position renovation, as well as injury reduction in the hamstrings
Glute Max Seclusion Workouts
The policies are no different when it concerns building a strong, rounded pair of cheeks. There's an extra benefit here: Focus on butt-building-- specifically getting your glutes beastly solid-- and your whole body will certainly look amazing.
Set a set of pinheads on the flooring before you. Bend at your hips and also knees, as well as order the dumbbells with an overhand grip. (A) Without permitting your reduced back to round, stand up with the pinheads. (B) Lower the pinheads to the flooring.
Below is a listing of the professionals showcased in this book. Just like, Body Sculpting for Female Over 40, some are a lot more popular than others however all have something very valuable to supply anyone thinking about getting their butt in form with glute exercises. If you require a little social evidence just Google any of the names and also their internet sites ought to show up. A more detailed "Concerning Me" section is included to each of the trainers' chapters.
Tons the weights and also roll it against your shins. Bend at your hips as well as knees as well as get bench with an overhand grasp, your hands simply past shoulder size. (A) Without allowing your lower back to round, draw your upper body back and up, drive your hips onward, and stand up with the weights. Squeeze your glutes as you perform the motion. (B) Lower the bar to the floor, maintaining it as near your body as feasible.
Pick to follow one instructor or follow them all, it actually does not matter because at the end of the day you will see outcomes whichever path you pick. You will certainly be provided with extending, Plyometrics, cardio job, resistance band job, mind training, workout regimens as well as complete on weight training. Any as well as all of these will aid you achieve the butt you always dreamed of. Which will you pick?
Glute Exercises For Ladies
Understand that this is not an additional run of the mill "butt toning" publication. Much of the information in here is unique because the instructors developed the routines to make use of with their own individual training customers. This is excellent news for you because you obtain all this individual training recommendations for under 10 dollars!!
Keep in mind that 66 percent of the exercises target the glutes from numerous angles. Each phase features a different expert and also each expert has their very own glute workouts recommendations and information to supply. Above all else, select exercises that greatly function the glutes. Over all else, choose workouts that greatly function the glutes. As with, Body Sculpting for Female Over 40, some are much more well understood than others yet click here all have something really important to provide any individual interested in getting their butt in shape with glute workouts.


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Hey everyone!
I've been sorely missing Lakme Fashion Week Summer Resort 2014 (having been backstage for the last 3 seasons) but have found solace in the LFW Facebook Page which has images/videos from all the shows! Just going through the galleries, I was struck by a makeup trend that showed up over and over – orange lips!
If I could sum up this season's makeup trends in 2 words, it'd be bronzer and tangerine! How I wish I could have been backstage to take close up pics and to see the actual products used but we'll have to make do with these pics from the ramp (all images from LFW FB).


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To show you around Bangkok I thought I would share with you the three days I spent there and what I got up to. You will know from my previous post that I stayed in Chinatown so head over for a read if you are thinking of where to stay and to know more about the area. I won't repeat myself but I spent most evenings around Chinatown so, where there are gaps to my story, they will be in Chinatown!
Day One – Terrific Temples
Bangkok is home of some of the most beautiful temples in the world and one day is certainly not enough to see them all. Stupidly I visited Bangkok in the month of the late King's funeral so the Grand Palace was closed. I was absolutely gutted but I guess it is a good excuse to go back!
Because it was so close to my hotel I visited Wat Traimit first and then jumped in a tuk tuk over to Wat Pho. Also known as the Temple of the Reclining Buddha, Wat Pho is vast and the perfect introduction to viewing temples in Bangkok. Rather than one temple, it is a complex of different temples with the huge reclining buddha amongst other beautifully intricate and ornate buildings.
As beautiful as the whole place is, the reclining buddha was my absolute favourite and I loved the walk around the back of the buddha just as much as you can buy a bowl of coins then drop them into the 108 bronze bowls which line the wall. They make a relaxing clinking sound and the ritual is said to bring good luck, and we can all use a bit of that!
After a good few hours at Wat Pho, I crossed the Chaophraya to visit Wat Arun. I'm told Wat Arun, also known as the Temple of the Dawn, is actually best viewed at night as it is all lit up but I wanted to see it at the same time as Wat Pho. The tall spires are brightly coloured with intricate detailing and you can climb up them to get a great view across the river into the City.
Day Two – SHOP
After a hot and humid day of walking around temples I decided my middle day in Bangkok needed to be a little more chilled out so I hit the shops. When booking my trip to Bangkok I hadn't even considered that shopping would be a big thing there but oh my god, their malls are amazing! They have floors dedicated to different themes – beauty, high street fashion, etc, and they are so modern. Think the Trafford Centre 5 times bigger and 4-5 times over.
Because of their incredible air conditioning, it is a great way to take a break from the searing humidity and spend some of that hard earned cash. I spent a load of time looking for Korean beauty products but also discovered that they have a Sephora so a lot of my money went in there stocking up on my favourite eyeliners and contour products. The main brands are housed in large store fronts but there are also little hut type shops lining the paths selling cute and random stuff like this tasty milk lolly. I almost couldn't eat it because it was so cute, almost.
Siam Square One was my favourite for its Korean/Hong Kong inspired shops and its little local trader market running along the outside. I bought lots of pens for bullet journalling with Sanrio toppers and paprika spiked chips tossed in a mild cheese sauce. MBK Center is next door and has a more affordable market theme to it whilst CentralWorld is a bit more popular with the local youth scene for its 4D cinema. Siam Paragon reminded me of a huge Selfridges with its gourmet food floor and top end fashion selection. The different shopping malls make it impossible to visit just one and I racked up a record breaking number of steps on my Fitbit.
Day Three – Jim Thompson House
It rained heavily on my third day in Bangkok, so much so that it was on the international news! I decided to soak in a bit of alternative culture so headed over to Jim Thompson House. It is the former house of silk entrepreneur Jim Thompson who mysteriously vanished in 1967, never to be seen again. The silk business continues to thrive here in Thailand and his house serves as a kind of museum both to Jim Thompson and his successful revival of the Thai silk industry.
Ticket entry includes a short tour and time to enjoy the Koi pond and the restaurant/bar within the grounds. I sheltered here from the rain before heading to Khaosan Road.
I don't make a habit of photographing McDonalds but I loved the 'I Heart Khaosan' sign and the praying Ronald McDonald figure, mainly because I had used it as an example of globalisation in a recent HR exam!
Anyway moving on, Khaosan Road is everything people say it is. Bustling, drunken, slightly sleazy and full of young backpackers out for a good time. It isn't my idea of fun but I will say that the street food here is among the best I tried in Thailand and the Pad Thai was just delicious. It really is somewhere that has to be experienced and I threw myself into that with Pad Thai and Margaritas.
The next day I was up and away from the hotel to catch a flight over to Krabi for the island hopping part of my Thailand trip. Stay tuned for a post about the 10 days I spent island hopping my way to Phuket, it'll be up next week.


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A person was killed in an accident on the southbound 57 freeway Saturday, June 9 when a car veered off the road and went down an embankment, authorities said.
The accident was reported at 7:21 p.m. on the freeway near the Chapman Avenue on-ramp, near the Anaheim/Orange border, according to the California Highway Patrol.
A witness told the CHP that the driver appeared to lose control.
A SigAlert was issued, shutting the far right lane of the southbound Orange Freeway in the crash area.
No further information was available.
City News Service contributed to this report.


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A2 Law Omissions Essay Checker
Learning Objectives
- List the elements of a crime.
- Define the criminal act element.
- Identify three requirements of criminal act.
- Describe an exception to the criminal act element.
- Ascertain three situations where an omission to act could be criminal.
- Distinguish between actual and constructive possession.
- Identify the criminal intent element required when possession is the criminal act.
Crimes can be broken down into elements, which the prosecution must prove beyond a reasonable doubt. Criminal elements are set forth in criminal statutes, or cases in jurisdictions that allow for common-law crimes. With exceptions, every crime has at least three elements: a criminal act, also called actus reus; a criminal intent, also called mens rea; and concurrence of the two. The term conduct is often used to reflect the criminal act and intent elements. As the Model Penal Code explains, "'conduct' means an action or omission and its accompanying state of mind" (Model Penal Code § 1.13(5)).
Figure 4.1 Criminal Code of Georgia
Recall from Chapter 1 "Introduction to Criminal Law" that not all crimes require a bad result. If a crime does require a bad result, the prosecution must also prove the additional elements of causation and harm.
Another requirement of some crimes is attendant circumstances. Attendant circumstances are specified factors that must be present when the crime is committed. These could include the crime's methodology, location or setting, and victim characteristics, among others.
This chapter analyzes the elements of every crime. Chapter 7 "Parties to Crime" through Chapter 13 "Crimes against the Government" analyze the elements of specific crimes, using a general overview of most states' laws, the Model Penal Code, and federal law when appropriate.
Example of a Crime That Has Only Three Elements
Janine gets into a fight with her boyfriend Conrad after the senior prom. She grabs Conrad's car keys out of his hand, jumps into his car, and locks all the doors. When Conrad strides over to the car, she starts the engine, puts the car into drive, and tries to run him down. It is dark and difficult for Janine to see, so Conrad easily gets out of her way and is unharmed. However, Janine is thereafter arrested and charged with attempted murder. In this case, the prosecution has to prove the elements of criminal act, criminal intent, and concurrence for attempted murder. The prosecution does not have to prove causation or that Conrad was harmed because attempt crimes, including attempted murder, do not have a bad result requirement. Attempt and other incomplete or inchoate crimes are discussed in Chapter 8 "Inchoate Offenses".
Criminal Act
Criminal act, or actus reus, is generally defined as an unlawful bodily movement (N.Y. Penal Law, 2010). The criminal statute, or case in jurisdictions that allow common-law crimes, describes the criminal act element.
Figure 4.2 Alabama Criminal Code
The Requirement of Voluntariness
One requirement of criminal act is that the defendant perform it voluntarily. In other words, the defendant must control the act. It would not serve the policy of specific deterrence to punish the defendant for irrepressible acts. The Model Penal Code gives the following examples of acts that are not voluntary and, therefore, not criminal: reflexes, convulsions, bodily movements during unconsciousness or sleep, conduct during hypnosis or resulting from hypnotic suggestion, or a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual (Model Penal Code § 2.01 (2)). One voluntary act is enough to fulfill the voluntary act requirement. Thus if a voluntary act is followed by an involuntary one, the court may still impose criminal liability depending on the circumstances (Govt. of Virgin Islands v. Smith, 2010).
Example of an Involuntary and Noncriminal Act
Perry is hypnotized at the local county fair. The hypnotist directs Perry to smash a banana cream pie into his girlfriend Shelley's face. Smashing a pie into a person's face is probably battery in most states, but Perry did not commit the act voluntarily, so he should not be convicted of a crime. Punishing Perry for battery would not specifically deter Perry from performing the act again while hypnotized because he is not in control of his behavior when experiencing this mental state.
Example of a Voluntary Act Followed by a Nonvoluntary Act
Timothy attends a party at a friend's house and consumes several glasses of red wine. Timothy then attempts to drive his vehicle home. While driving, Timothy passes out at the wheel and hits another vehicle, killing its occupant. Timothy can probably be convicted of one or more crimes in this situation. Timothy's acts of drinking several glasses of wine and then driving a vehicle are voluntary. Thus even though Timothy got into a car accident while unconscious, his involuntary act was preceded by conscious, controllable, and voluntary action. A punishment in this instance could specifically deter Timothy from drinking and driving on another occasion and is appropriate based on the circumstances.
Status as a Criminal Act
Generally, a defendant's status in society is not a criminal act. Status is who the defendant is, not what the defendant does. Similar to punishment for an involuntary act, when the government punishes an individual for status, it is essentially targeting that individual for circumstances that are outside his or her control. This punishment may be cruel and unusual pursuant to the Eighth Amendment if it is disproportionate to the defendant's behavior.
In Robinson v. California, 370 U.S. 660 (1962), the US Supreme Court held that it is unconstitutional as cruel and unusual punishment pursuant to the Eighth Amendment to punish an individual for the status of being a drug addict—even if the drugs to which the defendant is addicted are illegal. The Court compared drug addiction to an illness, such as leprosy or venereal disease. Punishing a defendant for being sick not only is inhumane but also does not specifically deter, similar to a punishment for an involuntary act.
If the defendant can control the actions at issue in spite of his or her status, the defendant's conduct can be constitutionally criminalized and punished pursuant to the Eighth Amendment. In Powell v. Texas, 392 U.S. 514 (1968), the US Supreme Court upheld the defendant's conviction for "drunk in public," in spite of the defendant's status as an alcoholic. The Court held that it is difficult but not impossible for an alcoholic to resist the urge to drink, so the behavior the statute criminalized was voluntary. Also, the Court ruled that the state has an interest in treating alcoholism and preventing alcohol-related crimes that could injure the defendant and others. Pursuant to Powell, statutes that criminalize voluntary acts that arise from status are constitutional under the Eighth Amendment.
Example of a Constitutional Statute Related to Status
Refer to the example in Section 4 "Example of a Voluntary Act Followed by a Nonvoluntary Act", where Timothy drives under the influence of alcohol and kills another. A state statute that criminalizes killing another person while driving under the influence is constitutional as applied to Timothy, even if Timothy is an alcoholic. The state has an interest in treating alcoholism and preventing alcohol-related crimes that could injure or kill Timothy or another person. Timothy's act of driving while intoxicated is voluntary, even if his status as an alcoholic makes it more difficult for Timothy to control his drinking. Thus Timothy and other alcoholic defendants can be prosecuted and punished for killing another person while driving under the influence without violating the Eighth Amendment.
Thoughts as Criminal Acts
Thoughts are a part of criminal intent, notcriminal act. Thoughts cannot be criminalized.
Example of Noncriminal Thoughts
Brianna, a housecleaner, fantasizes about killing her elderly client Phoebe and stealing all her jewelry. Brianna writes her thoughts in a diary, documenting how she intends to rig the gas line so that gas is pumped into the house all night while Phoebe is sleeping. Brianna includes the date that she wants to kill Phoebe in her most recent diary entry. As Brianna leaves Phoebe's house, her diary accidentally falls out of her purse. Later, Phoebe finds the diary on the floor and reads it. Phoebe calls the police, gives them Brianna's diary, and insists they arrest Brianna for attempted murder. Although Brianna's murder plot is sinister and is documented in her diary, an arrest is improper in this case. Brianna cannot be punished for her thoughts alone. If Brianna took substantial steps toward killing Phoebe, an attempted murder charge might be appropriate. However, at this stage, Brianna is only planning a crime, not committing a crime. Phoebe may be able to go to court and get a restraining order against Brianna to prevent her from carrying out her murder plot, but Brianna cannot be incapacitated by arrest and prosecution for attempted murder in this case.
Omission to Act
An exception to the requirement of a criminal act element is omission to act. Criminal prosecution for a failure to act is rare because the government is reluctant to compel individuals to put themselves in harm's way. However, under certain specific circumstances, omission to act can be criminalized.
An omission to act can only be criminal when the law imposes a duty to act (N.Y. Penal Law, 2010). This legal duty to act becomes an element of the crime, and the prosecution must prove it beyond a reasonable doubt, along with proving the defendant's inaction under the circumstances. Failure or omission to act is only criminal in three situations: (1) when there is a statute that creates a legal duty to act, (2) when there is a contract that creates a legal duty to act, or (3) when there is a special relationship between the parties that creates a legal duty to act. Legal duties to act vary from state to state and from state to federal.
Duty to Act Based on a Statute
When a duty to act is statutory, it usually concerns a government interest that is paramount. Some common examples of statutory duties to act are the duty to file state or federal tax returns (26 U.S.C., 2010), the duty of health-care personnel to report gunshot wounds (Fla. Stat. Ann., 2010), and the duty to report child abuse (Ky. Rev. Stat. Ann., 2010).
Figure 4.3 Kentucky Revised Statutes
At common law, it was not criminal to stand by and refuse to help someone in danger. Some states supersede the common law by enacting Good Samaritan statutes that create a duty to assist those involved in an accident or emergency situation. Good Samaritan statutes typically contain provisions that insulate the actor from liability exposure when providing assistance (Minnesota Code, 2010).
Figure 4.4 Minnesota Good Samaritan Law
Good Samaritan Law Video
Good Samaritan Sued after Rescuing Woman in an Accident
This video is a news story on a California Supreme Court case regarding the civil liability of a Good Samaritan:
(click to see video)
Duty to Act Based on a Contract
A duty to act can be based on a contract between the defendant and another party. The most prevalent examples would be a physician's contractual duty to help a patient or a lifeguard's duty to save someone who is drowning. Keep in mind that experts who are not contractually bound can ignore an individual's pleas for help without committing a crime, no matter how morally abhorrent that may seem. For example, an expert swimmer can watch someone drown if there is no statute, contract, or special relationship that creates a legal duty to act.
Duty to Act Based on a Special Relationship
A special relationship may also be the basis of a legal duty to act. The most common special relationships are parent-child, spouse-spouse, and employer-employee. Often, the rationale for creating a legal duty to act when people are in a special relationship is the dependence of one individual on another. A parent has the obligation by law to provide food, clothing, shelter, and medical care for his or her children, because children are dependent on their parents and do not have the ability to procure these items themselves. In addition, if someone puts another person in peril, there may be a duty to rescue that person (State ex rel. Kuntz v. Thirteenth Jud. Dist., 2010). Although this is not exactly a special relationship, the victim may be dependent on the person who created the dangerous situation because he or she may be the only one present and able to render aid. On a related note, some jurisdictions also impose a duty to continue to provide aid, once aid or assistance has started (Jones v. U.S., 2010). Similar to the duty to rescue a victim the defendant has put in peril, the duty to continue to provide aid is rooted in the victim's dependence on the defendant and the unlikely chance that another person may come along to help once the defendant has begun providing assistance.
Example of a Failure to Act That Is Noncriminal
Recall the example from Chapter 1 "Introduction to Criminal Law", Section 1.2.1 "Example of Criminal Law Issues", where Clara and Linda are shopping together and Clara stands by and watches as Linda shoplifts a bra. In this example, Clara does not have a duty to report Linda for shoplifting. Clara does not have a contractual duty to report a crime in this situation because she is not a law enforcement officer or security guard obligated by an employment contract. Nor does she have a special relationship with the store mandating such a report. Unless a statute or ordinance exists to force individuals to report crimes committed in their presence, which is extremely unlikely, Clara can legally observe Linda's shoplifting without reporting it. Of course, if Clara assists Linda with the shoplifting, she has then performed a criminal act or actus reus, and a criminal prosecution is appropriate.
Example of a Failure to Act That Is Criminal
Penelope stands on the shore at a public beach and watches as a child drowns. If Penelope's state has a Good Samaritan law, she may have a duty to help the child based on a statute. If Penelope is the lifeguard, she may have a duty to save the child based on a contract. If Penelope is the child's mother, she may have a duty to provide assistance based on their special relationship. If Penelope threw the child in the ocean, she may have a duty to rescue the child she put in peril. If Penelope is just a bystander, and no Good Samaritan law is in force, she has no duty to act and cannot be criminally prosecuted if the child suffers harm or drowns.
Possession as a Criminal Act
Although it is passive rather than active, possession is still considered a criminal act. The most common objects that are criminal to possess are illegal contraband, drugs, and weapons. There are two types of possession: actual possession and constructive possession. Actual possession indicates that the defendant has the item on or very near his or her person. Constructive possession indicates that the item is not on the defendant's person, but is within the defendant's area of control, such as inside a house or automobile with the defendant (State v. Davis, 2011). More than one defendant can be in possession of an object, although this would clearly be a constructive possession for at least one of them.
Because it is passive, possession should be knowing, meaning the defendant is aware that he or she possesses the item (Connecticut Jury Instructions No. 2.11-1, 2011). As the Model Penal Code states in § 2.01(4), "[p]ossession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession." In the vast majority of states, a statute permitting a conviction for possession without this knowledge or awareness lacks the criminal intent element and would be unenforceable.
Example of an Unenforceable Possession Statute
A state has a criminal statute that prohibits "being within 100 feet of any quantity of marijuana." Ricardo sits next to Jean on the subway. A law enforcement officer smells marijuana and does a pat-down search of Jean. He discovers that Jean has a large baggie of marijuana in his jacket pocket and arrests Jean and Ricardo for marijuana possession. Ricardo was within one hundred feet of marijuana as prohibited by the statute, but Ricardo should not be prosecuted for marijuana possession. No evidence exists to indicate that Ricardo knew Jean, or knew that Jean possessed marijuana. Thus Ricardo does not have the criminal intent or mens rea for possession, and the state's possession statute should not be enforced against him.
Key Takeaways
- The elements of a crime are criminal act, criminal intent, concurrence, causation, harm, and attendant circumstances. Only crimes that specify a bad result have the elements of causation and harm.
- Criminal act is usually an unlawful bodily movement that is defined in a statute, or a case in jurisdictions that allow common-law crimes.
- The criminal act must be voluntary and cannot be based solely on the status of the defendant or the defendant's thoughts.
- An exception to the criminal act element is omission to act.
- Omission to act could be criminal if there is a statute, contract, or special relationship that creates a legal duty to act in the defendant's situation.
- Actual possession means that the item is on or very near the defendant's person. Constructive possession means that the item is within the defendant's control, such as inside a house or vehicle with the defendant.
- In most states, the defendant must be aware that he or she possesses the item to be convicted of possession.
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- Jacqueline is diagnosed with epilepsy two years after receiving her driver's license. While driving to a concert, Jacqueline suffers an epileptic seizure and crashes into another vehicle, injuring both of its occupants. Can Jacqueline be convicted of a crime in this situation? Why or why not?
- Read Oler v. State, 998 S.W.2d 363 (1999). In Oler, the defendant was convicted of possession of a controlled substance by misrepresentation. The defendant solicited and received prescriptions for Dilaudid, a controlled substance, from four different physicians without informing them that he already had a prescription for Dilaudid. The defendant appealed, arguing that he had no legal duty to disclose his previous receipt of the drug to the physicians, and was therefore unlawfully punished for an omission to act. Did the Texas Court of Appeals uphold the defendant's conviction? Why or why not? The case is available at this link: http://scholar.google.com/scholar_case?case=460187562193844690&q= 998+S.W.2d+363&hl=en&as_sdt=10000000000002.
- Read Staples v. U.S., 511 U.S. 600 (1994). In Staples, the defendant was convicted of possession of an unregistered automatic weapon in violation of the National Firearms Act. The defendant claimed the conviction was improper because the prosecution did not prove that he knew the weapon was automatic, and the prosecution must prove this knowledge to convict under the statute. Did the US Supreme Court reverse the defendant's conviction? Why or why not? The case is available at this link: http://www.law.cornell.edu/supct/html/92-1441.ZO.html.
Connecticut Jury Instructions No. 2.11-1, accessed February 13, 2011, http://www.jud.ct.gov/ji/criminal/part2/2.11-1.htm.
Fla. Stat. Ann. § 790.24, accessed October 25, 2010, http://law.onecle.com/florida/crimes/790.24.html.
Govt. of Virgin Islands v. Smith, 278 F.2d 169 (1960), accessed October 26, 2010, http://openjurist.org/278/f2d/169/government-of-the-virgin-islands-v-smith.
Jones v. U.S., 308 F.2d 307 (1962), accessed October 25, 2010, http://scholar.google.com/scholar_case?case=14703438613582917232&hl=en&as_sdt=2002&as_vis=1.
Ky. Rev. Stat. Ann. § 620.030, accessed October 25, 2010, http://www.lrc.ky.gov/krs/620-00/030.pdf.
Minnesota Code § 604A.01, accessed October 25, 2010, http://law.justia.com/minnesota/codes/2005/595/604a-s01.html.
N.Y. Penal Law § 15.00, accessed October 25, 2010, http://law.onecle.com/new-york/penal/PEN015.00_15.00.html.
State ex rel. Kuntz v. Thirteenth Jud. Dist., 995 P.2d 951 (2000), accessed October 25, 2010, http://caselaw.findlaw.com/mt-supreme-court/1434948.html.
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This is a derivative of Criminal Law by a publisher who has requested that they and the original author not receive attribution, which was originally released and is used under CC BY-NC-SA. This work, unless otherwise expressly stated, is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Leaving Good Undone: Omissions in English Criminal Law
We know from current case law and statute that omissions may be, and are, punished although "[g]enerally in English criminal law a person is not liable for failing to act … even if another person's life is in danger." (1) There is a substantial exception from this rule, and it is generally accepted by both courts and academics: "a defendant is liable if he or she fails to act when under a duty to act." (2)
However, the word "omission" in itself can be confusing.
What is an omission?
The Oxford English Dictionary currently describes the word "omission" as follows:
1. The non-performance or neglect of an action which one has a moral duty or legal obligation to perform; an instance of this. Recorded earliest in sin of omission
2. a. The action of omitting, leaving out, or not including a person or thing. b. An instance of this; (concr.) a person or thing that has been omitted or passed over. (3)
It is worth noting, especially in the context of this paper, that the first recorded instance of the word in English, around the beginning of the 15th century, defined an omission as "leaving good undone: when men leave the good they should do" and, among other examples, "to do negligently what one was bound by vow to do, or by command …and yielding not a good deed for another if one can." (4)
The second recorded occurrence of the word, in the pietistic writings of Bishop Richard Pecock, explains the word as above — "leavings of [something] undone", but also brings the counterpart concept: commissions, "the contrary doings against [one]." (5)
At least to what regards medieval pietistic thinking, an omission (in the meaning 1. above) appears to be considered just as bad as a commission. Given that the word and its counterpart applied to morals, and were associated as concepts with sins, we should not be surprised at the process of transition and correlation from the religious sphere to the judicial, leading to the contrasting pair of omission and act in use to this day.
The omission formulated by Rolle of Hampole is "leaving the good undone." This presents us with the meaning familiar to law students and practitioners of today: "e.g. 'failing to…', usually in the context of an undertaking." (6)
From a failing to a criminal matter
In his seminal essay on omissions in criminal law, Professor Andrew Ashworth enumerates five possible situations when a duty might be imposed by the courts:
- Prior created dangerous act ;
- Relationship duties ;
- Undertaken duties ;
- Duties of ownership or control of property (7) ;
- Citizenship duties.
This latter is less encountered in practice in the English context, but is often mentioned in theoretical approaches, especially in the context of "Good Samaritan Laws". (8)
This point of view is generally held as the current position of the law, although with significant subtractions or additions to it. In Great Debates on Criminal Law (9), Jonathan Herring prefers to omit citizenship duties completely, whereas Smith and Hogan: Criminal Law introduces a new duty, namely that of Dangerous pursuits (10), and then renames (and shortens drastically) 'Citizenship duties' as 'A general duty of rescue'. For clarity, Ashworth's 'Undertaken duties' are also broken into 'Contract' and 'Voluntary undertakings'.
Irrespective of the formulation (the language used and its interpretation being liable to bring further complications), the consensus is that once a duty to act exists, a breach by action or omission is likely to attract sanction.
It would be easy to dismiss further discussion saying that this clarifies the position and matters should always proceed accordingly. This paper starts from the premise that "The law does and should criminalise omissions to act just as much as it criminalises positive acts," and we shall see now how exactly it does this.
Mustill LJ in Airedale National Health Trust v Bland said that "[t]he English criminal law … draws a sharp distinction between acts and omissions" but he showed his dissatisfaction by adding that "the current state of the law is unsatisfactory both morally and intellectually" and that "[f]or the time being all are agreed that the distinction between acts and omissions exists, and we must give effect to it." (11)
We thus have an admission at the highest judiciary level that the state of affairs (as of 1993) was in need of reform and the discussion has been ongoing since at least 1985 when the Law Commission proposed a codification of the criminal law (12). In 1987, Professor Glanville Williams expressed his anxiety with regards to the status of omissions in the draft code, believing that "[it] provides too great scope for offences of omission," (13) and critics have been calling for an overhaul ever since, becoming — to paraphrase a 2011 article by Andrew McGee — increasingly louder, and their words increasingly stronger . (14)
Although there is a general consensus that the law should punish omissions (15), it is not always clear as to what the omission are, in either of the main views on the subject: "the conventional view", and the "social responsibility view" (16). In both views, the difficulty lies in separating acts from omissions, and deciding to what extent an omission can be said to have a positive effect and so have criminal liability imposed on it. We shall embrace Ashworth's view that "although there are some clear cases of omission and some clear cases of act, there are many ambiguous cases" (17) in which act and omission — doing and non-doing — overlap, and shall consider things at face value through this perspective.
The philosophical distinction between acts and omissions is arguably too complicated to deal with in this paper at the length and breadth it deserves, and, following Lord Diplock's example, we shall continue with it as it is. We can take a look instead at the current approach of the courts for the imposition of liability. This includes:
"(i) classification (is the case one of omission or act?); (ii) the scope of liability (is the offence in question one under which conviction can arise for omission?); (iii) the moral bases of liability (on what grounds can the law impose a duty to act?); (iv) issues of causation (how can D's failure to act result in a proscribed wrong?). (18)
It will be necessary not just to look at some cases through this lens, but also, in order to understand the moral dimension of this approach, to return to the religious medieval man and his example of omission as "leaving good undone." What else can we consider an omission other than a good left undone in a case like Miller (19), in which the defendant who set a mattress on fire moves to another room in order to sleep, without putting the fire out first? We can even say that Mr Miller, in the words of Rolle (20) "was bound by vow to do" something — in this case the vow being his duty to remedy a dangerous situation he initiated. This point proved to be crucial in his conviction for criminal damages. As a strict liability offence, it became irrelevant that Miller had had no intention to set fire to the house, that there was no mens rea (21). The House of Lords found that it was an "erroneous notion that failure to act cannot give rise to criminal liability in English law." (22)
A different omission, but with the similar effect of being construed into an act, occurred in DPP v Santana-Bermudez (23); when asked whether he still had "any sharps" on him, a man who was going to be body searched by the police replied that he didn't, after emptying his pockets. The constable who conducted the search then stuck her finger in a hypodermic needle. The issue at stake was whether the defendant could be guilty of assault by omission. The High Court found that he did not cause the assault by a positive act, but his omission did lead to it.
As an exercise, this is how the courts' approach, as identified by Elliott and Ormerod, applies to Miller and Santana-Bermudez: (i) an omission was construed as an act; (ii) there was scope for liability; (iii) once the omission was viewed as a culpable act, there was a moral basis for the imposition of a duty to act; and (iv) but for the Defendant's omission there would have been no damage or assault.
We now have a framework which is applied to future cases, and we might obtain some certainties, but it doesn't mean that we have solved the bigger questions: (i) what differentiates omissions from an acts?; (ii) and if it is an omission, to which point does the scope for liability extends? As such, Maurice Kay J in Santana-Bermudez seems to share the annoyance shown by Lord Diplock twenty years previously in Miller:
"A great deal of undesirable complexity has bedevilled our criminal law as a result of quasi theological distinctions between acts and omissions."
Conclusion: What to do next?
Argumentation on omissions in criminal law seems to be under the aegis of the parable of the Good Samaritan (24). Did the men walking past an injured man without helping him have a duty to act? Morally speaking, yes — in Jesus' parable we are exhorted to love our neighbour.
From a legal point of view, the situation is different. In the words of Lord Diplock in Miller:
"The conduct of the parabolical priest and Levite on the road to Jericho may have been indeed deplorable, but English law has not so far developed to the stage of treating it as criminal; and if it ever were to do so there would be difficulties in defining what should be the limits of the offence." (25)
In the 15th century, Bishop Pecock instructed his readers to find blame for omissions if "oure conscience schulde deem us gilty" (26). But as Lord Diplock underlined, morality and the law, although closely connected, are different things. Some European countries like France and Germany penalise the failure to help a person in difficulty, if this can be done without endangering oneself (27). Along these lines, there have been calls for the creation of a general duty of care in English Law that would impose a criminal sanction on people who fail to give assistance (28) and Prof Ashworth is one of the main proponents. Speaking in a radio panel discussion on BBC Radio 4 in January 2015 (29), he said:
"I think we need to have a law that states there should be a duty to assist… At the moment, English law is untidy and unprincipled, and I think we ought to state this principle and bring it in as a law … I am suggesting we should have a clearer law that should tell people they should give assistance to others in a wide range of situations, and that offence [from failing to give assistance] is a middle-ranking offence."
This would not only bring the law to the moral position which maintains that one should be "yielding … a good deed for another if one can"; it may be argued (and indeed it is argued) that it would simplify a little of the already mentioned "undesirable complexity". As the law currently stands, it does criminalise omissions to act just as much as it criminalises positive acts. However, in a hybrid conventional and social responsibility view more attuned to contemporary sensibilities and moral compass, as that proposed by Ashworth (30), it might be more conducive to social cohesion to encourage citizen action and responsibility more, and punish some omissions less. It will also do something which the public generally welcomes: it could protect would-be good Samaritans from the possible sanction of the law. (31)
— — — — — — — — — — — — —
- Jonathan Herring, Great Debates in Criminal Law (Palgrave Macmillan 2009), p. 24
- Ibid.
- "omission, n." OED Online. Oxford University Press, December 2014. The word comes in English from Anglo-Norman around 1300, in the sense 1. For sense 2, word appeared in legal English around 1440 in a Court of Chancery report: "Bothe oblygaciouns and condiciouns were made and wretone… with out eny omissioun or varyaunce" http://www.oed.com/view/Entry/131211?redirectedFrom=omission (accessed February 10, 2015).
- Richard Rolle of Hampole, The Form of Perfect Living (Thomas Baker, London 1910), p. 33–34. The writing itself probably dates from before 1400.
- Bishop Pecock; Vaughan Hitchcock, E (Ed.) The Donet (Early English Text Society No. 156, Oxford University Press 1921), p. 96: "knowleching … alle þe omyssiouns of hem, and alle commysiouns agens hem: þat is to seie, alle þe levings of hem undoon, and alle þe contrarye doingis agens hem, … in which oure conscience schulde deem us gilty." Writing dates from cca. 1445
- Andrew Ashworth, "The Scope of Criminal Liability for Omissions" (1989) Law Quarterly Review, 105(Jul), p. 424
- Cases for points 1–4: R v Miller [1983] 2 AC 161; R v Gibbins & Proctor [1918] 13 Cr App Rep 134; Stone and Dobinson [1977] Q.B. 354, R v Pittwood [1902] 19 T.L.R. 37, R v Dytham [1979] Q.B. 72; Tuck v Robson [1970] 1 W.L.R. 741
- Note there are two types of Good Samaritan Law: one imposes a general liability to act; the other is meant to protect "everyday heroes" from negligence or criminal liability (in certain cases) if their altruistic actions are contested in court. This latter type is enacted in the UK as the Social Action, Responsibility and Heroism Act 2015
- Herring, op.cit., p. 24–25
- David Ormerod, Smith and Hogan: Criminal Law. Cases and Materials (10th edition, Oxford University Press 2009), p. 105. Case law quoted is Khan and Khan [1998] Crim LR 830
- Law Commission, Codification of the Criminal Law (Law Com No 143, 1985)
- Glanville Williams, "What should the Code do about omissions?" (1987) Legal Studies 7, p. 92–118
- Andrew McGee, "Ending the life of the act/omission dispute: causation in withholding and withdrawing life-sustaining measures" (2011) Legal Studies, Vol. 31 No. 3, September, p. 468
- Herring, op.cit., p. 25
- Both views criticised to some extent by Williams, "Criminal omissions — the conventional view" (1991) Law Quarterly Review, 107 (Jan), p. 86–98
- Andrew Ashworth, Principles of Criminal Law (Oxford University Press 2009) p. 100
- Tracey Elliott and David Ormerod, "Acts and Omissions — A Distinction without Defence?" (2008) Cambrian Law Review 39, p. 40. Also in Smith and Hogan, op.cit., p. 89
- R v Miller [1982] UKHL 6
- Rolle of Hampole, op.cit.
- A general problem in liability for omissions, as Actus reus and Mens rea do not coincide
- Per Lord Diplock, [1982] UKHL 6. Lord Diplock also criticised the common use of the formula actus reus, which he observed that, by its very wording, suggest an action
- [2003] EWHC Admin 2908
- The Bible, King James Version, Luke 10:25–37
- Bishop Pecock; Vaughan Hitchcock (Ed.), The Donet, op.cit.
- Andrew Ashworth and Eva Steiner, "Criminal Omissions and public duties: the French experience" (1990) Legal studies 10, p. 153–164
- Ashworth, op.cit., p. 454
- Andrew Ashworth speaking during the "Unreliable Evidence" radio series, episode Good Samaritan Law (BBC Radio 4, 14 January 2015). The programme was hosted by Clive Anderson; other guests: former law lord, Lord Hoffman, barrister Peter Cooke and French law expert Catherine Elliott
- Although coming from a different perspective than Ashworth, Glanville Williams (1991), op.cit., p.93, agreed with lower penalties for some omissions: "Ministers continually bewail the rise in the prison population, yet raise maximum punishments for no better reason than to convince the general populace that they are trying to control crime."
- Jonathan Romain, "Let's not turn our backs on a good Samaritan law" The Guardian (London, 30 January 2015)
Andrew Ashworth and Jeremy Horder, Principles of Criminal Law (7th edition, Oxford University Press 2013)
Andrew Ashworth, Principles of Criminal Law (6th edition, Oxford University Press 2009)
Jonathan Herring, Great Debates in Criminal Law (Palgrave Macmillan 2009)
David Ormerod, Smith and Hogan: Criminal Law. Cases and Materials (10th edition, Oxford University Press 2009)
Michael Moore, Placing Blame: A Theory of the Criminal Law (Clarendon Press 1993)
Bishop Pecock, Elsie Vaughan Hitchcock (Ed.), The Donet (Early English Text Society No. 156, Oxford University Press 1921). Available in facsimile online at https://archive.org/details/donetpeco00peco, accessed 01 February 2015
Richard Rolle of Hampole, The Form of Perfect Living (Thomas Baker, London 1910). Available in facsimile online at http://www.gutenberg.org/ebooks/25856 , accessed on 31 January 2015
Victor Tadros, Criminal Responsibility (Oxford University Press, 2007)
Andrew Ashworth, "The Scope of Criminal Liability for Omissions" (1989) Law Quarterly Review, 105(Jul), p. 424–459
Andrew Ashworth, "Ignorance of the Criminal Law, and Duties to Avoid It" (2011). Modern Law Review 74(1) , p. 1–26
Andrew Ashworth and Eva Steiner, "Criminal Omissions and public duties: the French experience" (1990) Legal studies 10, p. 153–164
Tracey Elliot and David Ormerod, "Acts and Omissions — A Distinction without Defence?" (2008) Cambrian Law Review 39, p. 40–59
Tracey Elliott, "Liability for Manslaughter by Omission: Don't Let the Baby Drown!" (2010) Journal of Criminal Law 74, p. 163–179
Andrew McGee, "Ending the life of the act/omission dispute: causation in withholding and withdrawing life-sustaining measures" (2011) Legal Studies, Vol. 31 No. 3, September, p. 467–491
Jonathan Romain, "Let's not turn our backs on a good Samaritan law" The Guardian (London, 30 January 2015) www.theguardian.com/commentisfree/2015/jan/30/good-samaritan-law-bureaucracy-health-safety-food-shelter, accessed on 31 January 2015
Glanville Williams, "What should the Code do about omissions?" (1987) Legal Studies 7, p. 92–118
Glanville Williams, "Criminal omissions — the conventional view" (1991) Law Quarterly Review, 107(Jan), p. 86–98
Case Law:
Airedale National Health Trust v Bland [1993] AC 789
Director of Public Prosecutions v Santana-Bermudez [2003] EWHC Admin 2908
R v Adomako [1994] UKHL 6
R v Dytham [1979] Q.B. 72
R v Gibbins & Proctor [1918] 13 Cr App Rep 134
R v Miller [1983] 2 AC 161
R v Pittwood [1902] 19 T.L.R. 37
Stone and Dobinson [1977] 1QB 354
Tuck v Robson [1970] 1 W.L.R. 741
Criminal Damage Act 1971
The Social Action, Responsibility and Heroism Act 2015
Broadcasts and Other:
"Unreliable Evidence" series, episode Good Samaritan Law (BBC Radio 4, 14 January 2015)
OED Online Oxford University Press, December 2014, available online at <http://www.oed.com > accessed 31 January 2015


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