Cons of the Good Samaritan Law and Its Solution

On March 13th, 1964, a woman named 'Kitty Genovese' was stabbed by a psychopathic stranger on the street near her home in New York City. While she was being murdered brutally for 35 minutes, 38 neighbors were witnessing the crime scene. In spite of her desperate cry for help, none of them had offered any help. Even after the criminal had left, only one neighbor called police, but by the time police had arrived, she was already dead. This incident is well-known as 'Genovese Syndrome', which refers to a social phenomenon where a person is less likely to offer help to another person who is in danger. It is also known as the 'Bystander effect', and it is rising as a serious issue in a modern society where individualism is becoming widespread among people. The Good Samaritan law is legislated in order to punish bystanders and to protect the members of society. In spite of its good purpose, bystanders should not be punished with this law as it invades principles that are stated in law, puts burden on the society, and is not a fundamental solution.

First of all, the Good Samaritan law intrudes principles that must be protected with law. It violates the Eighth Amendment of human rights. According to the constitution of United States, the Eighth Amendment is "the protection against unusual punishment.(Bill of Rights, 1791)" Except for the Good Samaritan law, no such laws punish people who have not done anything to cause crime. Laws are there to punish those who have committed crimes, not witnesses. Since the Good Samaritan law punishes these innocent witnesses, it is an unusual punishment. In addition, it infringes the Fourteenth Amendment of privacy rights. As it is stated on the US constitution, the Fourteenth Amendment is the prote...

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...higher moralities than before, making society a more worthwhile place to live in.

The bystander effect is a serious problem in our society, and something must be done in order to solve it. There have been attempts to solve this issue, and one of them is the Good Samaritan law. Although its purpose is to prevent the bystander effect, bystanders should not be punished with this law because it intrudes principles in constitution, it places burden on society, and it does not solve the bystander effect fundamentally. Solution should be re-education instead, which would not only solve the bystander effect but also raise the level of people’s moral standards. With the higher moral standards and our constant efforts to solve the bystander effect, someday we will be living in the society where everyone is willing to help each other no matter what situation they are in.