Over fifty years ago, a crime was committed in Kew Gardens that left many wondering what had happened to our humanity. According to the accounts given by the witnesses, the killer had time to come and finish the job on two occasions while no one dared to report the matter. The only person that called the police did so after the lady had succumbed to her wounds and the killer had got away. The indifference and inaction of the neighbors were shocking, and this case has exposed the level of ignorance that exists in our society. The inactivity of these people was a criminal offense, and they should have been prosecuted according to the actus reus due to the neglect they showed towards the Genovese (Baker & Williams, 2012).
West’s Encyclopedia of American Law (2008) describes actus reus as an element of criminal responsibility. It includes the unlawful act or omission, commission, or possession that contains the components of a crime. The law requires proof of both the actus reus and the men’s rea so that criminal liability can be determined on the part of the suspects. In this case, an act or omission was committed by thirty-eight people that witnessed this murder yet did not bother to alert the police.
The act of omission is committed when one does not do what is expected of him or what is considered the norm in such a situation (Baker & Williams, 2012). In this case, 38 neighbors committed an act of omission by not reporting this ordeal to the police.
The issue of if bystanders should be prosecuted is very important. Charging bystanders for omission will go a long way in ensuring such activities are not repeated in the future. The main advantage of charging bystanders is to make sure that people do not tolerate crime as they will also be charged either for neglect or omission. The culture of bystanders watching a crime and leaving it unreported must be stopped by prosecuting those found guilty.
However, the disadvantage of charging bystanders is that innocent people might be charged wrongly in case they did not understand what was going on. Many argue that prosecuting bystanders may not be the solution to this problem. Most people suggest that society should be enlightened not to tolerate any form of crime by reporting or making an effort to stop such a crime (Baker & Williams, 2012).
References
Baker, J. D. & Williams, G. L. (2012). Textbook of Criminal Law. London: Sweet & Maxwell.
West’s Encyclopedia of American Law. (2008). Actus Reus. 2nd Ed. Web.