American law has long recognized the role of negligence in criminal proceedings. Determining guilt in the case of malicious action is straightforward enough—if a person acted with intent to do harm, they ought to be held responsible. But the justice system accepts that cases of inaction can be just as fatal. A person does not need to hold the knife to be held liable; the simple failure to act when there is known risk that apathy will lead to harm—take, for example, failure to feed a child—is enough to establish guilt. In the eyes of the law, death that can be easily prevented—yet is not—is just as immoral.

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