ABSTRACT
This chapter explores omission liability in criminal law, which declares it a crime for someone not to fulfill their legal duty to act. The chapter begins with the example of Hetty Green, a wealthy yet frugal woman in the 1800s who consistently denied her injured son medical care but was never viewed as being criminally liable for her inaction, as the law at the time was not concerned with such parental judgments. The chapter then considers the case of Rebecca and Timothy Wyland, a religious couple who believed only in the healing of God and allowed a tumor on their infant’s eye to grow until she was nearly blinded. Since the laws of omission had changed, the couple was found guilty of criminal mistreatment. The chapter discusses the differences in legal versus moral obligations to act and reveals that states differ in their requirements for a child neglect conviction, which may result from physical neglect, mental or emotional neglect, or educational neglect. The chapter ends by considering which parental inactions or limitations should constitute a criminal offense.
