Be sure to share your comments in the Class Participation section below -- that's often the best part! The comments are never closed; you're always welcome to add to the discussion. Also, if you get tired of clicking on the buttons, you can always use the arrows on your keyboard ← → to move around.

Buy the books on Amazon ___ ___
Join the conversation! There are now 11 comments on “Duress pg 21
  1. JW says

    Wasn’t there a case of a woman who failed to save a drowning child (she did not try to physically grab him out of the water, in other words) but did call for help, who was “convicted” of allowing the child to die? Considering the additional risk inherent in trying to pull a person out under most circumstances, sounds like a stupid verdict, but there had to have been a legal reasoning the jury used for that…

    • I disagree. IRL, it’s not very hard to prevent someone from drowning (well, sinking, removing water from the lungs is a different story) if you know how to swim.

      • Actually, if the drowning person is panicking — and unless he’s drunk or unconscious, he’s panicking — it can be very dangerous to attempt such a rescue without proper training. If you just swim up, they’re going to shove you under involuntarily as their body tries to get up in the air.

        Swimming out to rescue a drowning person is a last resort. Best is to reach them from shore, either by throwing them a rope/float, or reaching them with your hand or a pole or even a chain of people while anchored to the shore. Next best is to go out in a boat to throw them a line or have them grab onto the boat.

        But don’t take rescue and first aid advice from a webcomic comment thread. Do get some basic training from your local Red Cross or similar organization.

      • Nope, if you don’t know what you’re doing there’s a good chance there’ll be two drowning victims.

        Ever try to swim carrying someone struggling and flipping out because they’re scared they’re going to drown and panicking over it?

    • I will always go with what I’ve always been told. “If you do not have the proper training and equipment, it is better to leave it to someone who does. Do not be a second victim.” You could try and save someone from drowning, but as I think someone else said, drowning people have a tendency to be violent and WILL push you under so they can get some air. That said, I overheard a lifeguard comment once that it was excusable to punch and man handle the drownee to control them.

  2. ManYunSoo says

    At the moment, it’s not even a duty for a police officer to protect people, so we’re a ways off of a duty for the average citizen.

    • Well, that depends on if a “Special Relationship” has been established between the government and the individual.

      See: DeShaney v. Winnebago County Department of Social Services

  3. A Quebecer says

    Here in Quebec you are legally responsible for helping people.

  4. but even if jim doesnt have a duress defense, doesnt he have a justification/necessity defense? i.e. “I had to rob the bank to prevent the greater harm (death of a little girl)”?

Class Participation

___