Who has a duty to act?

• A. Duty to act applies to all citizens at all times
• B. Only those who voluntarily assume responsibility of caring for another will have a duty to act
• C. Duty to act rests with the police only
• D. Duty to act is not recognized in criminal law

Answer: (B)

The key idea is that a duty to act in criminal law comes from specific circumstances, not from a blanket rule for everyone. When you voluntarily take on responsibility to care for someone else, you create a duty to act toward that person. If you fail to act in that situation and harm results, you can be held accountable. This is why the best answer is that only those who voluntarily assume responsibility for another have a duty to act.

In contrast, stating that duty to act applies to all citizens at all times overreaches what the law requires; saying the duty rests with the police only ignores that others can have duties through relationships or voluntary undertakings; and saying duty to act isn’t recognized at all is incorrect because the law does recognize duties in certain relationships or arrangements.