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Omissions: People v. Beardsley
As you read Beardsley, consider the following questions:
1. What was the charge? What are the elements of that charge?
2. What happened in this case? How exactly did Blanche Burns die? What exactly did Beardsley do while Blanche was in his apartment?
3. What happened at trial? What is the issue on appeal?
4. How do you feel about Beardsley’s conduct? Should he be condemned for what he did (or didn’t do)? Should he be punished?
5. What are the five situations in which the common law imposed criminal responsibility for a failure to act? Be a creative prosecutor: What arguments could you make that one or more of the common law duties could have applied to Beardsley?
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