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Casebook Read Credits
Criminal Law
Section 2 . 1 . 3
10 minutes

Act or Omission

Sam Kamin,
Dana Lindenberg

The cases thus far have provided a sharp contrast. If a defendant is charged with acting to cause a harm, one set of rules applies; if he is charged with causing a harm through his failure to act, a different set of rules applies. But that line is not always so sharp. The Barber case shows how important image framing (and creative lawyering) can be in this area.

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