Jones v. United States case brief

 

• Jones v. US- (FACTS) Anthony Green, 10 month old child of Shirley was placed in the care of ∆. The baby died of neglect and malnutrition. Baby was “shockingly neglected”. ∆ had ample means to provide food and medical care. ∆ took exception to the trials court’s failure to instruct the jury that it must find beyond a reasonable doubt, as an element of the case that she was under a legal duty to provide for the baby.
  • Under some circumstances, the omission of a legal duty is chargeable w/ manslaughter.

• The duty must be imposed by law or contract and the omission must be the immediate cause of death.
  • Breach of legal duty may arise in 4 ways:
    • Statute imposes duty
    • Certain status relationship of parties
    • One has contractual duty to care for another
    • One has voluntarily assumed the care of another
• MPC “Liability for the commission of an offense may not be based on an omission unaccompanied by action unless: (a) the omission is expressly made sufficient by the law defining the offense; or (b) a duty to perform the omitted act is otherwise imposed by law”
  • Duty must be LEGAL not moral