And I mean, by law, not moral judgement. This may also vary from country to country I suppose.
2007-01-08 04:15:48 · 11 answers · asked by silverblaze713 1 in Politics & Government ➔ Law & Ethics
In the US that would depend on the situation....if your a by-stander, you don't have a duty to act(legally)....sometimes you can then become liable for further damages if you do....Look up Good samaritan laws regarding that.
2007-01-08 04:25:16 · answer #1 · answered by kissmybum 4 · 0⤊ 0⤋
No. You are not required by law to intervene on behalf of someone. You may be called in to testify as to what happened, but other than that you cannot be charged with anything. The only situations I can think of where you may be chraged with anything is if you are a police officer or an EMT. If, as an off duty EMT still in uinform, you refuse to treat someone who has a condition that requires immediate action, you may be charged with something. Same applies to a police officer. However, the legalities are, at best, blurry. I have not heard of such instances recently.
Also, the Good Samaritan law only applies to protect you if you do intervene.
Say a man is unconcious from a heart attack. You are trained to do so, so you administer CPR. You cannot be held liable for anything within the scope of administering treatment. It is called implied consent.
You are generally required to obtain consent to treat any person for anything, but if the person is unable to give or deny consent, then consent is implied that it is OK to treat. This applies from initiation of treatment until the point the person either a. dies (which you cannot be held liable for, as long as you did not knowingly provide life sustaining operations that would cause a person to expire [allegies to latex, adrenaline to restart a heart, pacemakes with an AED, etc], b. regains consciousness or c. next of kin orders treatment to be stoppedwhen it is determined that the patient will not regain consciousness.
I must make note that this all applies to the law in PA.
2007-01-08 04:21:44 · answer #2 · answered by Nick Y 2 · 2⤊ 0⤋
NO in the U.S.. In almost every state, so long as you're not complicit in the illegal activity (i.e. you conspired with them, or assisted with them) you have no duty to act; either legal or criminal -- unless you're someone trained in that field (law enforcement, medical professional, etc.)
"Mere presence" at the scene of a crime when you're not the victim does not make you an accomplice. Now, providing any sort of "aid" to the perp can make you guilty.
This is the same if you just see someone needing aid and you choose not to help (i.e. someone drowning in a pool and you do nothing, even though you can swim). The exception is if you're trained (as above) or if you have a special relationship with the victim (i.e. you're their caretaker, the victim is your kid, etc.)
The "good samaritan" laws do NOT subject you to liability; rather, they are laws that say that if you choose to render assistance, you will be IMMUNIZED from civil liability if you make a good faith attempt to help.
And "depraved indifference" means that you DO something that is so terrible that you may be charged with a crime (usually murder) even if you did not intend to kill. I.e. -- drive down the wrong way on a freeway going 90 mph. Simply not calling does not subject you to liability
There are some states that have enaced mandatory aid laws, but very few.
2007-01-08 04:32:47 · answer #3 · answered by Perdendosi 7 · 0⤊ 0⤋
It's called conspiracy and you can do just as much time if not more than the person who actually commits the crime.
Is there a reason why you didn't call the police to report the incident as it was occurring? Of course you aren't expected to put yourself at risk to stop but you are expected to contact authorities. If you see an accident do you continue on or do you call someone?
Check on the Good Samaritan laws in your state.
2007-01-08 05:41:40 · answer #4 · answered by GrnApl 6 · 0⤊ 0⤋
In france Yes
2007-01-08 04:18:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In the USA you are not criminally responsible unless you are in a position which deems you as such (police officer, lifeguard, EMT, parent of a child in danger, etc.)
2007-01-08 04:45:33 · answer #6 · answered by cyanne2ak 7 · 1⤊ 0⤋
In most places in the U.S.A. yes,you must act even if its just calling the police.
Depraved Indifference.
2007-01-08 04:20:32 · answer #7 · answered by lisa m 4 · 0⤊ 1⤋
yes in kenya its an offence it also not moral to let someone harmed when u are there
2007-01-08 04:50:49 · answer #8 · answered by PETER N 2 · 1⤊ 0⤋
Yes, in a lot of places, but not everywhere.
2007-01-08 04:19:38 · answer #9 · answered by wayfaroutthere 7 · 0⤊ 1⤋
yes. it is called the good Samaritan law. why do you think Seinfeld got canceled?
2007-01-08 04:20:15 · answer #10 · answered by Anonymous · 0⤊ 3⤋