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dont think im weird,i need it for an english assignment(its in NYC)

2007-09-11 12:41:09 · 3 answers · asked by vIcToR 1 in Politics & Government Law & Ethics

3 answers

What you are referring to is an act of omission. Generally, the law prohibits/encourages acts of comission. Therefore, as a general rule, citizens do not have a duty to act to save another person in distress. In fact, if you do begin the act to save another person, then abandon the attempt, that can be considered a criminal act.

There are special situations in which not acting, as in your situation, could result in a tort, and possibly a crime. For example, where a special relationship exists between you and the bleeding person, you have a duty to aid that person or your omission is tortious and potentially criminal. An example of a special relationship is mother/daughter, husband/wife, etc.

So, specifically to answer your question as the basics have been set forth, the police cannot charge you for failing to rescue the bleeding person. However, they can potentially charge you if you have a special relationship with that person which requires you to act, such as those examples previously set forth. If you attempt to help and then abandon, you may be held responsible to some degree for the death if your delay contributed.

2007-09-11 12:53:26 · answer #1 · answered by jkersman01 3 · 0 0

Depends on country.

Good Samaritan laws (Acts) in the United States and Canada are laws/acts protecting from blame those who choose to aid others who are injured or ill. They are intended to reduce bystanders' hesitation to assist, for fear of being prosecuted for unintentional injury or wrongful death. The name Good Samaritan refers to a parable told by Jesus in the New Testament (Luke 10:33-35).

In other countries (as well as the Canadian province of Quebec), Good Samaritan laws describe a legal requirement for citizens to assist people in distress, unless doing so would put themselves in harm's way. Citizens are often required to, at minimum, call the local emergency number, unless doing so would be harmful, in which case, the authorities should be contacted when the harmful situation has been removed. Such laws currently exist in countries such as Israel, Italy, Japan, France, Belgium, Andorra, and Spain. The photographers at the scene of Princess Diana's fatal car accident were investigated for violation of the French Good Samaritan law. In Germany, "Unterlassene Hilfeleistung" (neglect of duty to provide assistance) is an offense; a citizen is obliged to provide first aid when necessary and is immune from prosecution if assistance given in good faith turns out to be harmful. In Germany, knowledge of first aid is a prerequisite for the granting of a driving license.

2007-09-11 12:49:57 · answer #2 · answered by Robert S 6 · 0 0

Not a thing-


But-
there's a moral issue ... could you just stand by without helping ?

2007-09-11 13:03:32 · answer #3 · answered by sirbobby98121 7 · 0 0

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