Essay On Crime Of Omission For Police Duty

Crime of omission has long been an important topic in the academics of law. However, it does not attract as much attention in the daily lives until a recent case in Anhui, in which a policeman failed to act when a young girl was being murdered. This case sheds light on the concept of crime of omission, especially crime of omission for police duties. Since the police is entitled with significant public power which is closely related to people’s daily lives, the consequence of crime of omission from police duties could be severe. Given its possible serious consequence, it is imperative to formalize the concept of crime of omission for police duty from the social perspective as soon as possible.The formalization of this concept must starts from its theoretic background. Although there are numerous theories about crime of omission, its specification to police duties, however, is very limited. Due to the special feature of police, applying the classical "theory of three elements" to define "crime of omission for police duty" is problematic. In addition, such approach leaves unnecessary discretion to judges. Therefore, we aim to develop another possibly better approach to define the " crime of omission for police duty" based on the theory of guarantor.This essay is organized in three parts. First, we provide a detailed introduction about crime of omission for police duty. Secondly, we develop a theory to define and analyze the crime of omission for police duty. Last but not the least, we provide some thoughts and discussion on how to prevent the crime of omission for the general police population.In part one, we first introduce the concept of "crime of omission for police duty". Starting from the concept and properties of "crime of omission", through comparison between crime of omission and administrative nonfeasance, we define the meaning of crime of omission for police duty and categorize it into different types.In part two, we study how to identify "crime of omission for police duty". As discussed above, the traditional theory of three elements does not provide a satisfactory framework for this question. In order to achieve more accurate identification, we draw the discussion based on the theory of guarantor, using both theoretical arguments and case studies.In part three, we discuss how to prevent the crime of omission for police. Any crime has its inside and outside causes. It is the reflection of a criminal mind, which is affected by different aspects, i.e. social, economic and personal valuation. Therefore, we must rely on both inside and outside alternatives in order to successfully prevent the crime of omission for police.Built on other researchers’ work, we provide our own views on the identification and prevention on crime of omission for police duty in this essay. Any errors are on our own.