Case 3.2
John is a construction worker. He is walking down the street when he notices two children playing in the street. John continues on his way. Shortly after he passes, one of the children is hit by a car and killed.

-John is not guilty of a criminal omission based on

Question

Case 3.2 
John is a construction worker. He is walking down the street when he notices two children playing in the street. John continues on his way. Shortly after he passes, one of the children is hit by a car and killed.

-John is not guilty of a criminal omission based on

Quizplus · Accepted Answer

The American bystander rule states that there is no duty to rescue or aid someone in need, unless that person has a special relationship with the victim (such as a parent-child relationship) or unless the bystander caused the danger. Since John had no special relationship with the children and did not cause the danger, he is not guilty of a criminal omission under the American bystander rule. The Apprendi doctrine relates to the minimum sentence an individual can receive and does not apply here. The Good Samaritan doctrine and the ban on forced intervention laws are not applicable in this situation since there is no legal duty for individuals to act to save others.

Case 3.2 John Is a Construction Worker. He Is Walking Down the Walking