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Good samaritan law controversy
Pros and cons of the good samaritan law
The case of kitty genovese
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Base on this reading the Kitty Genovese case, it is sad how know one report this incident to the police it is said that thirty-eight witnesses, supposedly heard the attack and know what was happening. It is hard to have a side in the Good Samaritan Law, because helping other it has to be to the person not a obligation to do so, because it can be harsh to those who don’t want to help because probably they are afraid for revenge of the criminal. This is why not all the people have the strange to help some one because they are afraid or they had been in a position that something bad happens to them. I don’t agree that they need to be punished someone that don’t report the moment of the incident and someone die. But in my case I would do it I
On the morning of May 17th, 2005, Nola Walker was involved in a two-car collision. Police and Ambulance were dispatched and arrive on scene at the intersection of Kenny and Fernley Street. Ambulance conducted various assessments on Ms. Walker which revealed no major injuries and normal vital signs. Mrs walker denied further medical investigation and denied hospital treatment. Later on, Queensland police conducted a roadside breath test that returned a positive reading, police then escorted Ms. Walker to the cairns police station. Ms. Walker was found to be unconscious, without a pulse and not breathing. An ambulance was called but attempts to revive her failed (Coroner’s Inquest, Walker 2007). The standard of Legal and ethical obligation appeared by paramedics required for this situation are flawed and require further examination to conclude whether commitments of autonomy, beneficence, non-maleficence and justice were accomplished.
In Greg’s case, I don’t think he had this and I don’t think that Rosie was strong enough to force Greg, as she feared his reaction. I think that Rosie did everything she could do to try and get help to protect her family when getting intervention orders and making reports to the police. This required braveness and courage. When put into the hands of the police, it makes me question why the police didn’t do anything to stop him or to prevent this from escalating. I originally shared Appelbaum’s (2003) views when he asks a good question, ‘must authorities charged with protecting public safety wait for violence to occur before intervening?’ However Merkel (1993) shaped and challenged my opinion on this. I originally thought that if someone is dangerous and threatening peoples life, why wouldn’t you just put him or her in prison? I never thought about, is this person a risk to society? How high is the risk they pose? Or how long is their sentence going to be? And if they did go to prison why would they be any different when they came out? Understanding the multi-faceted sides to risk assessment has made me step back and question my opinions. I have never been in a criminal situation or even known someone in one and therefore feel as though my initial response is always one that is naïve and
... so is sacrificial to one’s rights, it puts them in an undesirable position where they may be harmed as well, and success at being an upstander is not guaranteed. Perpetrators tyrannize those who are unable to stand up for themselves; like how predators seek out the vulnerable preys. Hence, instead of having bystanders to stand up for the victim, the victim should stand up for him/herself. In addition, unlike what Lehrman believes, bystanders are not the most dangerous to the victim; the perpetrator is. Saying that bystanders are the most dangerous is is like saying that if one witnesses something, then he/she is a criminal. Consequently, saying that bystanders should stand up for victims against perpetrators is illogical and naive. Concisely, it is not another’s responsibility to ensure one’s safety and wellness; instead, it is one’s responsibility to do so.
For example, according to Loudon, “For the most part the witnesses, couching in darkened windows like watchers of a late show, looked on until the play was passed their view. Then they went back to bed…” (Wrainright). This insinuates that none of Kitty’s neighbors contacted the police or did anything else to help in the situation until the next morning. If one of the neighbors would have just stood up for Kitty, or even called the police before the murderer returned to finish the job, then she may not have died. In addition, after the incident, one of the witnesses went on to say, “There are people over there who saw everything… And there hasn’t been a peep out of them yet. Not one peep” (Wainright). The reason for this may be that the people are scared to be the first to come and give statements to the police after not having done anything to stop the murder. The witnesses may also be feeling guilty or ashamed after realizing that they had just stood by as their fellow neighbor was killed. It is for this reason that it is so imperative that people not be pressured into conforming, because now all of the witnesses will have to carry the guilt of having not helped for the rest of their lives. Lastly, other witnesses admitted to not wanting to get involved, in the event that they may be taken in as a possible suspect or
[which] includ[es] family members, [and] spouses.” (Miller, 2014). Arguably this helps society function because the one that has taken another’s life is not making capital gain from their crime; therefore, they cannot act in such a way and expect to be rewarded from it. Also, on a social institutional level other family members and the public are, understandably, distressed over the death of the one that they lost, but if the one that caused the death of the person were to make gain it would hardly be fair on a moral and norm basis. Though there is mixed research whether there can be deterrents within the laws, this perhaps can be a deterrent as the MPs have struck down on not providing capital gain to the assailant but then again, there is can be the mentality of ‘getting away with it’ as well. Nevertheless, this follows the functionalist model of lawmaking because it reinforces a behaviour as wrong, and unproductive to societies members and institutions.
Anybody’s house can be filled with prized possessions and expensive furniture, but just think how much more memorable your items are with deep grooves from your household cat in them. From climbing the Christmas tree to marking territory on the grand piano, cats can leave a mess behind and not even mean to A surgical procedure called onychectomy, could solve any pet owners solution to this mess. The only problem with this procedure is that it seems kind of brutal to just do this to your favorite little feline. If a procedure like declawing never existed, many cats would be put into a shelter or even thrown out by their trusted pet owners. Therefore, it is important for critics to learn both sides of the issue before making a full judgment over the subject. Onychectomys
This problem is being taken too lightly and the emotional and social effects that the victim undergoes after incidents like this should be deeply regarded.
However these actions that were committed by these individuals were selfish and reckless pointing towards an internal or individual attribution. Even though these individuals acted out together in unison, they knew exactly what they were doing and all made the personal choice to engage in the violent crime. Evidence of this statement is reiterated in the reading Casual Attributions of crime and the public’s sentencing goals: “Individuals who endorse an internal or dispositional attribution believe that crime is a state of mind (Unnever et al. 2010). From this perspective, criminals are said to perpetrate by choice rather than from [End Page 46] being pressured into criminal activities and therefore deserve punishment”(Laura J. Templeton & Timothy F. Hartnagel 2012). Even if the group was ordered by a high power to commit these crimes, they still planned and carried out these actions instead of walking away. One can only portray these individuals as selfish monsters with no regard for human life based on the facts provided. A Punitive approach towards these criminals actions seems fitting considering they put more than just their intended target at harm, and made a conscious decision to do so. Luckily no one else was hurt, but in reality these situations usually result in more casualties and innocent
The code offered more for victims as each criminal justice agency had to declare their services for victims. This comprised of the eligibility for compensation, information regarding the status of the case and furthermore having legal support via a Victim Personal Statement explain the impacts of the crime in court (Victim support, 2004). The year 2004 triggered of major transformation with the Strategic Plan for Criminal Justice and cemented the role of the victims at the centre of the criminal justice system. This reassuring role of the government is set to remain after the publication of `Getting it Right for Victims and Witnesses` in 2012. The reform included resources and support for victims and meeting the needs of several communities across the United Kingdom (Great Britain: Ministry of Justice, 2012). The advancement of society in conjunction with government changes has not only raised victim issues but over the years vitally implemented these
There is a strict distinction between acts and omissions in tort of negligence. “A person is often not bound to take positive action unless they have agreed to do so, and have been paid for doing so.” (Cane.2009; 73) The rule is a settled one and allows some exceptions only in extreme circumstances. The core idea can be summarized in “why pick on me” argument. This attitude was spectacularly demonstrated in a notoriously known psychological experiment “The Bystander effect” (Latané & Darley. 1968; 377-383). Through practical scenarios, psychologists have found that bystanders are more reluctant to intervene in emergency situations as the size of the group increases. Such acts of omission are hardly justifiable in moral sense, but find some legal support. “A man is entitled to be as negligent as he pleases towards the whole world if he owes no duty to them.” (L Esher Lievre v Gould [1893] 1 Q.B. 497) Definitely, when there is no sufficient proximity between the parties, a legal duty to take care cannot be lawfully exonerated and imposed, as illustrated in Palmer v Tees Health Authority [1999] All ER (D) 722). If it could, individuals would have been in the permanent state of over- responsibility for others, neglecting their own needs. Policy considerations in omission cases are not inspired by the parable of Good Samaritan ideas. Judges do favour individualism as it “permits the avoidance of vulnerability and requires self-sufficiency. “ (Hoffmaster.2006; 36)
resolution to family and friends of the victim. Questions still stand: Do you think the death
Two weeks ago my neighbor received an unfortunate phone call that his sister had been killed in a car crash. While traveling at a high rate of speed, three underage boys had broad-sided her as they proceeded through a red traffic light at eighty-five mile per hour. The boys had previously stolen the car and were being chased by the police. Besides my neighbor's sister, the front passenger in the stolen car was also killed. The driver and another passenger were only slightly injured.
When it comes to child abuse cases, people have different viewpoints on how things should be handled. One thing that people have tried to fight is the thought of bystanders being held responsible is impractical. “The theory of social responsibility and ethics applies in both individual and group
Victims of crime will deal with a wide range of immediate, short-term and long-term reactions. All victims will experience shock, distress, numbness and disconnection. It can affect their emotional, psychological, physical, social, financial and spiritual wellbeing, causing people to change their behaviour and lifestyles. Victims who have suffered violent crimes and threats to their lives and personal injury will have a different reaction and have a harder time coping with their feelings than those who are victims of nonviolent crimes. As everyone reacts differently to similar offences it is impossible to predict what effects the individual victim will suffer.
In my freshman year of high school, I was walking to school when I saw a little, ginger kitten yipping and narrowly dodging cars in the morning rush. When it reached the sidewalk I tried catching it, but it was so frightened it crawled away under a fence. Later that day, my friend Marietou asked the class, “Did anyone else see that kitten that got run over? It was alive this morning.” This is not an isolated incident. Extensive research has proven that outdoor cats will be run over by cars. According to a Canadian study published on lostpetresearch.com, one out of two outdoor cats will be run over by a car. The chances are even higher for younger cats. Moreover, according to the People for the Ethical Treatment of Animals (PETA), seventy-five percent of kittens do not make it to six months old. Whatever age your pet, you do not want them to become another statistic.