Jamie is a professional lifeguard at a community pool. During her shift, she notices a swimmer struggling and appearing to be drowning. However, Jamie continues with her duties and does not intervene. As a result, the swimmer drowns. Under criminal law principles related to acts and omissions, under which condition could Jamie be held criminally liable for the swimmer's death?
Jamie could be held criminally liable if she had a legal duty to act. As a lifeguard, she has a specific responsibility to ensure the safety of swimmers, and failing to perform her duties can constitute a criminal omission. Moral obligations or general bystander duties do not typically create criminal liability unless a specific legal duty exists. The age of the swimmer does not inherently impose additional legal duties on Jamie.
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What constitutes a 'legal duty' in the context of a lifeguard's responsibilities?
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How does 'criminal omission' work in the context of professional duties?
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What is the difference between a moral obligation and a legal duty?