The Illustrated Guide to Criminal Law
Chapter 14: Do or Die
Duress pg 21: Evolution
Members of the Horde rush in to engage in fisticuffs, er, spirited debate.
BIKER A
I disagree. It’s simply a question of the law failing to keep up with evolving societal norms.
BIKER B
I concur. Modern sensibilities are more likely to feel protective of others beyond one’s immediate family. Especially children.
BIKER C
Perhaps, but the law hasn’t caught up to that, yet.
BIKER FROM BEFORE
That’s no different from what I was saying. And as soon as the law does catch up, you can expect that it’ll impose an outright duty to protect others, which isn’t the case now.
BIKER D
So it might actually become a crime to not help a stranger?
BIKER E
It’d have to be! Just as it can be criminal now to fail to protect your own kids.
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.
How about rescue advice from a Red Cross flyer: Would You Know What to Do?
Reach, Throw, Row, Go (with support).
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.
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
Here in Quebec you are legally responsible for helping people.
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)”?
Problem: this page is offset too far to the left when displayed in portrait mode on a smartphone.
Thanks. That usually happens when one of the comments has a web address that’s long enough to go past the margins. I try to catch them and turn them into hyperlinks when I can, but now and then I miss one. I’ll go look for it now. Thanks again!
Edit: What are the odds… it was your comment linking to the Red Cross flyer! :) (Useful link, too.)