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Judi Lynn

(160,515 posts)
Thu Jul 20, 2017, 08:53 PM Jul 2017

Florida kids laughed and joked while disabled man drowned and they wont be punished

Source: Raw Story


Sarah K. Burris SARAH K. BURRIS
20 JUL 2017 AT 20:41 ET


A disturbing video has surfaced of teens in Florida laughing at a disabled man drowning in a retention pond.

The five teens can be heard mocking Jamel Dunn, 32, as he screams begging for help. The ages 14 to 16-year-olds watch him struggle and ultimately fall under the water. When Dunn doesn’t resurface the teens continue to joke about him, The New York Daily News reported via Florida Today.

“Oh, he just died” one can be heard saying on the video. The group then laughs.

. . .

“He started to struggle and scream for help and they just laughed,” said Yvonne Martinez, Cocoa Police Department spokesperson. “They didn’t call the police. They just laughed the whole time. He was just screaming … for someone to help him.”


Read more: http://www.rawstory.com/2017/07/florida-kids-laughed-and-joked-while-disabled-man-drowned-and-they-wont-be-punished/

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Florida kids laughed and joked while disabled man drowned and they wont be punished (Original Post) Judi Lynn Jul 2017 OP
Horrible -nt Bradical79 Jul 2017 #1
Sadly, I taughts kids about that age this year and no_hypocrisy Jul 2017 #2
Yup. Igel Jul 2017 #12
No words Solly Mack Jul 2017 #3
Who the hell took the video? n/t Control-Z Jul 2017 #4
!!! Alice11111 Jul 2017 #7
Little Johnny and his gang were busy on their phones that Mommy and Daddy got them so the DK504 Jul 2017 #5
All three of my kids had phones as young as middle school. Control-Z Jul 2017 #10
Put them in a group without supervision. Igel Jul 2017 #13
Nice try but BS, so later: There was no remorse, only a smirk, investigators statement. FreeStateDemocrat Jul 2017 #76
You do not have a duty to render assistance exboyfil Jul 2017 #27
Because KG was a shock to the body social. Too much similar has happened since. WinkyDink Jul 2017 #34
You do in most states Mosby Jul 2017 #58
State law in Iowa exboyfil Jul 2017 #61
Turns out that Florida does have a "Duty to Rescue" Mosby Jul 2017 #62
Florida law only imposes a duty to rescue in certain very narrow circumstances onenote Jul 2017 #75
Not sure this is a new thing LeftishBrit Jul 2017 #38
After viewing the video, There was nothing these kids could of done other then call 911.. Old Vet Jul 2017 #50
I think most people don't know how dangerous... Pacifist Patriot Jul 2017 #52
You are correct patriot....... Old Vet Jul 2017 #56
Nonsense Mosby Jul 2017 #59
As a trained first responder I respectfully disagree, And nonsense is quite harsh. Old Vet Jul 2017 #67
Fair enough Mosby Jul 2017 #77
When I saw the video I wondered if there xor Jul 2017 #95
I took lessons and still suck. As a city kid access to pools was sparse, I have suburban friends bettyellen Jul 2017 #78
100% wrong -- trained as a lifeguard obamanut2012 Jul 2017 #79
OK, if he was screaming for help and you were standing on the shore Mosby Jul 2017 #82
Last post on this, YES, if i was that close I would of been in the water............ Old Vet Jul 2017 #85
Yep KTM Jul 2017 #97
'other then call 911' melman Jul 2017 #84
Agree did they call 911? There is no legal duty to risk one's life. BarbaraFritche Jul 2017 #100
And people wonder how someone like Trump can get elected President. bullwinkle428 Jul 2017 #6
That is the most distressing, heartbreaking thing about this whole tragedy. smirkymonkey Jul 2017 #98
This just makes me sick...... a kennedy Jul 2017 #8
I can't believe what I just read. CatMor Jul 2017 #9
lack of parenting jazzcat23 Jul 2017 #19
America is getting sicker by the minute. nt vkkv Jul 2017 #11
You got that right. miyazaki Jul 2017 #17
Legally there is no requirement to help. ManiacJoe Jul 2017 #14
Only because Florida does not require it. Mosby Jul 2017 #60
No state would require teenagers to go in water to try to save someone metalbot Jul 2017 #107
I clicked on the video and stated to watch but shut it off. I could not watch someone die. riversedge Jul 2017 #15
Same here. So damned sad. n/t Judi Lynn Jul 2017 #25
The video should not be allowed anywhere. Must we all become watchers? WinkyDink Jul 2017 #35
If this were a loved one of mine ... these punks would seriously need to be watching their backs nt mr_lebowski Jul 2017 #16
No words suffragette Jul 2017 #18
man bluestarone Jul 2017 #20
May I, ladies and gentlemen, introduce you to the trump mentality and Doreen Jul 2017 #21
We live in a country, denvine Jul 2017 #22
The family of the victim should file a civil suit against the brats for loss of their loved one. Liberty Belle Jul 2017 #23
They have no civil duty to render aid exboyfil Jul 2017 #28
You are 100% wrong. There is no law broken here. There is no viable civil suit here. WinkyDink Jul 2017 #32
You have no legal duty to render aide MosheFeingold Jul 2017 #57
I'm not sure the family would win a lawsuit More_Cowbell Jul 2017 #24
No law broken here. People cannot be compelled by the govt to help others. Nobody is WinkyDink Jul 2017 #33
But surely they could at least have called emergency services? LeftishBrit Jul 2017 #37
"Good Samaritan Laws" are not what you think they are jberryhill Jul 2017 #55
You're wrong Mosby Jul 2017 #63
Key words you are skipping jberryhill Jul 2017 #68
Furthermore, let's take a look under the hood of what you are referring to jberryhill Jul 2017 #69
California jberryhill Jul 2017 #72
And, since this happened in Florida jberryhill Jul 2017 #73
you know what, people should Mosby Jul 2017 #88
I agree jberryhill Jul 2017 #92
check to see what Mosby Jul 2017 #89
the laws are in their Mosby Jul 2017 #90
state. Mosby Jul 2017 #91
It's Florida. I posted the text of the relevant law jberryhill Jul 2017 #93
The kids are being charged Mosby Jul 2017 #104
So you don't think the laughing and joking was wrong? jberryhill Jul 2017 #105
This message was self-deleted by its author Mosby Jul 2017 #106
WTF is wrong with this country. Catmusicfan Jul 2017 #26
To be fair kids are tiny little Hitlers Lokilooney Jul 2017 #29
Another reason I am glad I chose not to have children long ago. BigmanPigman Jul 2017 #30
"They won't be punished" because sometimes evil is not illegal. Just as with the Republican AHCA WinkyDink Jul 2017 #31
So many are ready to punish the kids Lazy Daisy Jul 2017 #36
The kids didn't break the law, but only a purely evil psychopath would have behaved as these geek tragedy Jul 2017 #65
Agree. EllieBC Jul 2017 #74
Horrible LeftishBrit Jul 2017 #39
Maybe they were scared of him? EL34x4 Jul 2017 #40
Yes, these days we have a lot of people claiming to be disabled who may not be at all. 7962 Jul 2017 #41
I can understand how tattoos may be a litmus test to save a life. LanternWaste Jul 2017 #44
Really? A lot? Have a link to back that one up? Eliot Rosewater Jul 2017 #101
So That EXCUSES Their Inaction????? Doug the Dem Jul 2017 #43
The people watching Dunn drown knew him. EL34x4 Jul 2017 #46
It could have been a suicide IronLionZion Jul 2017 #48
Evidently he walked with a cane dalton99a Jul 2017 #47
Thanks for injecting some needed facts obamanut2012 Jul 2017 #81
Florida, our Canary in the Coal Mine Doug the Dem Jul 2017 #42
Unfortunately, Florida isn't the first or last place where people fail to show basic humanity onenote Jul 2017 #71
OJ is moving to Florida when he gets sprung,hope no one helps him n/t Bengus81 Jul 2017 #45
Don't blame the kids, or the parents. Shell_Seas Jul 2017 #49
Quite true! Just the fact a creature like Trump is elected, and still defended by many, shows RKP5637 Jul 2017 #51
That's a very America-centric view Bradical79 Jul 2017 #87
there is no humanity, just people. geek tragedy Jul 2017 #66
Only if you whitewash history Bradical79 Jul 2017 #86
Half the country supports a murderous dictator and somehow this handful Eliot Rosewater Jul 2017 #102
They've earned a lifetime membership to Turbineguy Jul 2017 #53
Not yet, they have to want to take healthcare away from all non white Eliot Rosewater Jul 2017 #103
Sadly not illegal to commit a moronic stupid act Watchfoxheadexplodes Jul 2017 #54
they're pure evil and psychopaths, but doesn't look like they violated any statute geek tragedy Jul 2017 #64
Very disturbing. romanic Jul 2017 #70
As a trained lifeguard, there is no way they could have saved him obamanut2012 Jul 2017 #80
And for sure not found glee in it. xor Jul 2017 #96
Too stoned to care Jose Garcia Jul 2017 #83
This just makes me feel so very low. mahina Jul 2017 #94
Update: Officials found a charge they will attempt to use. Flaleftist Jul 2017 #99

Igel

(35,293 posts)
12. Yup.
Thu Jul 20, 2017, 09:27 PM
Jul 2017

For many kids, empathy is what they're owed by all, not even something that they feel they should give for those they know and like, much less others that they don't know or like.

Some are decent.

Some frustrate the hell out of me. All rights, no obligations.

DK504

(3,847 posts)
5. Little Johnny and his gang were busy on their phones that Mommy and Daddy got them so the
Thu Jul 20, 2017, 09:08 PM
Jul 2017

devices could be their babysitters rather than actually raising their own children. What is going on with parents of the 90's and 2000's? What the hell happened to them that they are such horrific parents? If you don't have time for children....don't have them.

These little punks needs to be thrown in jail for something, anything. They weren't charged because the DA decided not to, not because they didn't commit a crime.

Control-Z

(15,682 posts)
10. All three of my kids had phones as young as middle school.
Thu Jul 20, 2017, 09:17 PM
Jul 2017

Not one of them would leave someone in that situation without getting in to help, let alone laugh and let them die.

Their friends were (and still are) the same. There are some really crappy kids out there, true. But I would guess most kids with a phone don't behave that way.

Igel

(35,293 posts)
13. Put them in a group without supervision.
Thu Jul 20, 2017, 09:30 PM
Jul 2017

The first guy to show anything but machismo loses. Many kids that are reasonable human beings (for teens) go full-bore sociopath when in groups because then they're playing to the worst of public culture. Gotta be cool, gotta be a man.

People act like frat boys are somehow unique.

Groups of girls are no different.

 

FreeStateDemocrat

(2,654 posts)
76. Nice try but BS, so later: There was no remorse, only a smirk, investigators statement.
Fri Jul 21, 2017, 02:07 PM
Jul 2017

Investigators went to the homes of the teens to interview them.

“There was no remorse, only a smirk,” Martinez said of the interviews. They didn’t seem to have any grief

Very anti-social behavior, the kind that you find most typically among harden criminals!

http://www.rawstory.com/2017/07/florida-kids-laughed-and-joked-while-disabled-man-drowned-and-they-wont-be-punished/

exboyfil

(17,862 posts)
27. You do not have a duty to render assistance
Fri Jul 21, 2017, 12:43 AM
Jul 2017

At least that was how it was explained by my Business Law instructor.

That being said - why doesn't this get the same attention as Kitty Genovese. Someone needs to do a feature film on this travesty. Include naming the miscreants.

Mosby

(16,297 posts)
58. You do in most states
Fri Jul 21, 2017, 01:10 PM
Jul 2017

Floridas Good Samaritan law does not require rendering aid.

So your "business law instructor" was a fucking idiot.

They are not releasing names because they were all juveniles.





exboyfil

(17,862 posts)
61. State law in Iowa
Fri Jul 21, 2017, 01:26 PM
Jul 2017

at the time so I would not call him an idiot. Good Samaritan relieves the Samaritan of civil responsibility if something goes wrong. I don't know what laws put an affirmative duty on an individual. Such a duty probably only extends to calling 911 if it does exist. You cannot compel someone to attempt to save another person especially not in the case of drowning where your own person is at risk.

The example he cited in class was someone drowning. You have no duty to intervene unless you start to intervene, then you possibility could be subjected to a lawsuit (claim being another person relied on your attempt to avoid taking action themselves). Still not a criminal matter though.

He is a former state senator, a democrat, and I took his class when I was more conservative. I enjoyed his class more than almost everyone of my MBA classes. He later was involved in the initial adoption of the Iowa Communications Network. He knew the internet was going to become increasingly important, and he wanted to ensure that Iowa educational and other institutions were connected.

Mosby

(16,297 posts)
62. Turns out that Florida does have a "Duty to Rescue"
Fri Jul 21, 2017, 01:31 PM
Jul 2017

In the United States, as of 2009 ten states had laws on the books requiring that people at least notify law enforcement of and/or seek aid for strangers in peril under certain conditions: California,[10][11] Florida,[10][12][13] Hawaii,[10][14] Massachusetts,[10][15] Minnesota,[10][16] Ohio,[10][17] Rhode Island,[10][18] Vermont,[10][19] Washington,[10][20][21] and Wisconsin.[10][22] These laws are also referred to as Good Samaritan laws, despite their difference from laws of the same name that protect individuals who try to help another person.[1] These laws are rarely applied, and are generally ignored by citizens and lawmakers.[1]

Maybe they repealed the law.

https://en.m.wikipedia.org/wiki/Duty_to_rescue

onenote

(42,675 posts)
75. Florida law only imposes a duty to rescue in certain very narrow circumstances
Fri Jul 21, 2017, 02:05 PM
Jul 2017

Specifically:
Under Florida Code 316.062, the driver of a car involved in an accident is obligated to "render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person."

Also, under Florida Code 794.027, a person who observes the commission of the crime of sexual battery is guilty of a misdemeanor if, under certain circumstances, they fail to immediately to report the matter to law enforcement.

That's all. Obviously not applicable to situation that occurred.

LeftishBrit

(41,205 posts)
38. Not sure this is a new thing
Fri Jul 21, 2017, 03:47 AM
Jul 2017

Groups of unsupervised or wrongly supervised teenagers sometimes degenerate into extreme brutality. It's the theme of 'Lord of the Flies', written decades ago. The early 19th century public schoolboys described in 'Tom Brown's Schooldays' included vicious bullies, who mostly escaped punishment.

Old Vet

(2,001 posts)
50. After viewing the video, There was nothing these kids could of done other then call 911..
Fri Jul 21, 2017, 10:15 AM
Jul 2017

Iam a retired military firefighter, I spent many years as a first responder with a helicopter med-unit both military and civilian. Only more problems would of happened if these kids would of jumped in to help for sure. I have seen it so many times, Usually brothers die or good friends die trying to do the right thing to save a loved one or friend.

Pacifist Patriot

(24,653 posts)
52. I think most people don't know how dangerous...
Fri Jul 21, 2017, 10:20 AM
Jul 2017

it is to attempt to rescue a drowning person without proper training. Particularly if there is a significant mass differential between the victim and the rescuer in the victim's favor.

Old Vet

(2,001 posts)
56. You are correct patriot.......
Fri Jul 21, 2017, 10:58 AM
Jul 2017

Look at the distance between the victim and these kids, Even the most trained rescuer wouldn't of had a chance of getting to him. He was down 15 seconds after calling for help, Would of took that long for someone to process he needed help and to figure a way to help.

Mosby

(16,297 posts)
59. Nonsense
Fri Jul 21, 2017, 01:16 PM
Jul 2017

Anyone who has had swimming instruction could have saved this man.

If you ever were trained you would know this.

Old Vet

(2,001 posts)
67. As a trained first responder I respectfully disagree, And nonsense is quite harsh.
Fri Jul 21, 2017, 01:42 PM
Jul 2017

IMHO I just don't think these kids could of got even close to him in time, Not even mentioning how difficult it is to snatch a person in such stress and bringing a fully clothed person to shore. In the video it sure looks like a hell of a run and swim to reach him, If you think you were physically able to save this man you must be a heck of a athlete. because it would of took one.

Mosby

(16,297 posts)
77. Fair enough
Fri Jul 21, 2017, 02:20 PM
Jul 2017

I suspect the kids probably couldn't swim, but they still should have called 911.

I agree with you to the extent that a rescuer would have to know what he/she was doing, many non-swimmers drown because they panic. If this guy couldn't swim the biggest problem would be getting him to calm down.

xor

(1,204 posts)
95. When I saw the video I wondered if there
Fri Jul 21, 2017, 05:01 PM
Jul 2017

Would have been something I could have done if I was in the situation, and I don't think I could have. I'm not a trained rescuer or anything. He was far away and I heard about the risks of trying to save a panicked drowning person without training and equipment.

Still, that doesn't explain or justify their callousness.

 

bettyellen

(47,209 posts)
78. I took lessons and still suck. As a city kid access to pools was sparse, I have suburban friends
Fri Jul 21, 2017, 02:29 PM
Jul 2017

That grew up with swimming pools and it can make a huge difference. I took classes as an adult and tried swimming laps. I was just never much good.

obamanut2012

(26,063 posts)
79. 100% wrong -- trained as a lifeguard
Fri Jul 21, 2017, 02:44 PM
Jul 2017

It's why lifeguards only ever touch someone drowning if they have to -- ie use boats, floats, etc as much as possible. Drowning folks are very dangerous, even to trained rescuers.

Mosby

(16,297 posts)
82. OK, if he was screaming for help and you were standing on the shore
Fri Jul 21, 2017, 02:58 PM
Jul 2017

Would you have tried to save him?

Old Vet

(2,001 posts)
85. Last post on this, YES, if i was that close I would of been in the water............
Fri Jul 21, 2017, 03:35 PM
Jul 2017

But the dangerous part would be avoiding the death grip, Drowning people have grasped on to people trying to help and brought down themselves. And YES, It was more then fucked up the kids were laughing. They should of called 911 but it really would not of mattered. Even if he was a bad guy, What a horrible way to go.

 

KTM

(1,823 posts)
97. Yep
Fri Jul 21, 2017, 05:08 PM
Jul 2017

Half of lifeguard training is learning how to not get killed by drowning people. Take your average person who has had basic "swimming instruction" and send them to save a drowning person, and you will likely have two dead people... once panic sets in, sinkers will CLIMB you and hold you under if it means gasping another breath. Lifeguards are taught various methods of breaking holds, of escaping the sinker (swim down!), and methods of approach and retrieval that maximize their safety as they attempt to save the drowning victim.

Of course, these shitheaps should have called 911... there is always a chance in that first hour, but it would be long odds that this person survived. Regardless, the callousness of these kids is disgusting.

 

BarbaraFritche

(20 posts)
100. Agree did they call 911? There is no legal duty to risk one's life.
Fri Jul 21, 2017, 06:28 PM
Jul 2017

But there is no moral excuse to laugh at a dying person.

That is the tragedy: for it demeans any decent civilization, to laugh at a drowning person.

We all can recite the demise of persons who did indeed risk and lose their own lives to save others. To the credit of their sacrifice.

No one holds these witnesses to account for not having risked their own lives in a perhaps futile endeavor -- though there are many among of who would have done so, perhaps foolishly. All we would ask of them is to call 911, and to not laugh during the death throes of another human being. That is not to much to ask.

bullwinkle428

(20,629 posts)
6. And people wonder how someone like Trump can get elected President.
Thu Jul 20, 2017, 09:11 PM
Jul 2017

The appalling lack of empathy today is utterly pervasive.

 

smirkymonkey

(63,221 posts)
98. That is the most distressing, heartbreaking thing about this whole tragedy.
Fri Jul 21, 2017, 05:54 PM
Jul 2017

I can understand how someone might not want to risk their own life trying to save a struggling drowning victim, but I will NEVER understand the cruelty and lack of empathy that these little shithead punks showed toward this poor man. It makes me physically ill.

Personally, I think they should be punished, even though no law was actually broken. Their behavior was sociopathic.

CatMor

(6,212 posts)
9. I can't believe what I just read.
Thu Jul 20, 2017, 09:15 PM
Jul 2017

Those kids have ice water running through their veins. They even thought it was funny. What is happening in this country?

jazzcat23

(176 posts)
19. lack of parenting
Thu Jul 20, 2017, 10:28 PM
Jul 2017

has been going on for decades! This is what we get. And the worst part is, they will be leading this country one day. Thankfully I will be long dead by then!

miyazaki

(2,239 posts)
17. You got that right.
Thu Jul 20, 2017, 10:14 PM
Jul 2017

I almost can't think of any kids in my youth who would allow this to happen.

metalbot

(1,058 posts)
107. No state would require teenagers to go in water to try to save someone
Sat Jul 22, 2017, 05:58 AM
Jul 2017

Do you have an example of a state law from any state that would have saved that guy?

Because even had they called 911 right away, and had looked in on shock instead of laughing, the guy would be just as dead right now.

riversedge

(70,182 posts)
15. I clicked on the video and stated to watch but shut it off. I could not watch someone die.
Thu Jul 20, 2017, 09:37 PM
Jul 2017

I have no words.

denvine

(799 posts)
22. We live in a country,
Thu Jul 20, 2017, 10:59 PM
Jul 2017

that elected a man who make fun of the disabled. He is now the role model for kids. Hopefully this is not the new normal. Sad!

Liberty Belle

(9,533 posts)
23. The family of the victim should file a civil suit against the brats for loss of their loved one.
Fri Jul 21, 2017, 12:08 AM
Jul 2017

They would win hands down. Make those sick creeps and their families pay for the lost income and earning power of the person who drowned for the rest of their miserable lives.

MosheFeingold

(3,051 posts)
57. You have no legal duty to render aide
Fri Jul 21, 2017, 11:35 AM
Jul 2017

Unless you were somehow at fault for causing the situation.

I think there might be exceptions for children in distress, but I am sure it varies by state.

On a human (not legal) level, I concur this is disgusting.

More_Cowbell

(2,190 posts)
24. I'm not sure the family would win a lawsuit
Fri Jul 21, 2017, 12:22 AM
Jul 2017

In the absence of a "Good Samaritan" law (and I don't know if FL has one or not) most people don't have a duty to endanger themselves to save someone else. It's different if they're lifeguards, first responders (who do have a duty) or if they put the man in harm's way.

It's a terrible thing. I can't imagine hearing people laugh while I died.

 

WinkyDink

(51,311 posts)
33. No law broken here. People cannot be compelled by the govt to help others. Nobody is
Fri Jul 21, 2017, 02:14 AM
Jul 2017

saying the onlookers aren't sick puppies.

But what they are not legally are criminals.

 

jberryhill

(62,444 posts)
55. "Good Samaritan Laws" are not what you think they are
Fri Jul 21, 2017, 10:51 AM
Jul 2017

There is no affirmative duty to help strangers to whom one has no obligation.

In fact, if you help someone in trouble, you can be liable for negligence or malpractice if you do not help them appropriately.

For example, you find someone who has been hit by a car and is lying in the street. Thinking it is a good idea, you "help" them by moving them out of the street. In the process of doing that, you cause a further injury to their spinal cord, thus paralyzing them.

You can be sued in that situation for the injury you caused while you were helping them.

"Good Samaritan Laws" are various sorts of laws which provide a partial defense to those sorts of liability claims, typically for medical professionals. You might be, say, a dental hygenist at the scene of an accident and decide to render aid to an injured person. While, sure, you are no doctor or EMT, but you might have more relevant first aid knowledge than anyone else on the scene. However, if you start to render aid, you might also be held to a higher standard of medical malpractice, instead of the standard of ordinary negligence that might be applied to anyone else.

So, what the "Good Samaritan Law" in that instance does is this: If you are a medical professional who is out and about, and you render aid to an accident victim, then you will not be held liable for medical malpractice, but for ordinary negligence.

There is no law which requires you to do squat for anyone to whom you do not have some other sort of independent obligation. If someone is drowning at the pool, the lifeguard's job is to go get them, not yours.

Mosby

(16,297 posts)
63. You're wrong
Fri Jul 21, 2017, 01:34 PM
Jul 2017

Its called a duty to rescue and its part of the good Samaritan laws.

In the United States, as of 2009 ten states had laws on the books requiring that people at least notify law enforcement of and/or seek aid for strangers in peril under certain conditions: California,[10][11] Florida,[10][12][13] Hawaii,[10][14] Massachusetts,[10][15] Minnesota,[10][16] Ohio,[10][17] Rhode Island,[10][18] Vermont,[10][19] Washington,[10][20][21] and Wisconsin.[10][22] These laws are also referred to as Good Samaritan laws, despite their difference from laws of the same name that protect individuals who try to help another person.[1] These laws are rarely applied, and are generally ignored by citizens and lawmakers.[1]

Where a duty to rescue arises, the rescuer must generally act with reasonable care, and can be held liable for injuries caused by a reckless rescue attempt. However, many states have limited or removed liability from rescuers in such circumstances, particularly where the rescuer is an emergency worker. Furthermore, the rescuers need not endanger themselves in conducting the rescue.

https://en.m.wikipedia.org/wiki/Duty_to_rescue

 

jberryhill

(62,444 posts)
68. Key words you are skipping
Fri Jul 21, 2017, 01:54 PM
Jul 2017


"under certain conditions" ... "also referred to as Good Samaritan laws, despite their difference from laws of the same name that protect individuals who try to help another person"

In other words, the "duty" to call for help is qualified by the various conditions stated in those laws, and this handful of laws in a few states are different from what is usually called a "Good Samaritan Law".

In general, a "Good Samaritan Law" is a defense to malpractice liability by those who aid others. Also, in general, there is no duty to aid others in distress (except "under certain conditions&quot .

 

jberryhill

(62,444 posts)
69. Furthermore, let's take a look under the hood of what you are referring to
Fri Jul 21, 2017, 01:58 PM
Jul 2017

The article you quote includes:

Washington Rev. Code Ann. § 9.69.100(1)

Let's have a look at this one:

----------
https://app.leg.wa.gov/rcw/default.aspx?cite=9.69.100

RCW 9.69.100
Duty of witness of offense against child or any violent offense—Penalty.
(1) A person who witnesses the actual commission of:
(a) A violent offense as defined in RCW 9.94A.030 or preparations for the commission of such an offense;
(b) A sexual offense against a child or an attempt to commit such a sexual offense; or
(c) An assault of a child that appears reasonably likely to cause substantial bodily harm to the child,
shall as soon as reasonably possible notify the prosecuting attorney, law enforcement, medical assistance, or other public officials.
(2) This section shall not be construed to affect privileged relationships as provided by law.
(3) The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.
(4) Failure to report as required by subsection (1) of this section is a gross misdemeanor. However, a person is not required to report under this section where that person has a reasonable belief that making such a report would place that person or another family or household member in danger of immediate physical harm.

-------------

The Washington law imposes a duty, subject to a misdemeanor, if you see someone beating up or raping a child.

That is thoroughly not relevant to the situation here.

Please identify one state law which requires anyone to do squat if they witness a drowning.
 

jberryhill

(62,444 posts)
72. California
Fri Jul 21, 2017, 02:00 PM
Jul 2017

Here's the referenced law in California:

http://codes.findlaw.com/ca/penal-code/pen-sect-152-3.html

a) Any person who reasonably believes that he or she has observed the commission of any of the following offenses where the victim is a child under 14 years of age shall notify a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2:

(1) Murder.

(2) Rape.

(3) A violation of paragraph (1) of subdivision (b) of Section 288 of the Penal Code.

(b) This section shall not be construed to affect privileged relationships as provided by law.

(c) The duty to notify a peace officer imposed pursuant to subdivision (a) is satisfied if the notification or an attempt to provide notice is made by telephone or any other means.

(d) Failure to notify as required pursuant to subdivision (a) is a misdemeanor and is punishable by a fine of not more than one thousand five hundred dollars ($1,500), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
 

jberryhill

(62,444 posts)
73. And, since this happened in Florida
Fri Jul 21, 2017, 02:03 PM
Jul 2017

Let's have a look at what you are calling a "Good Samaritan Law" in Florida, per the Wikipedia entry:

Florida Stat. Ann. ch. 794.027

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.027.html

794.027 Duty to report sexual battery; penalties.—A person who observes the commission of the crime of sexual battery and who:

(1) Has reasonable grounds to believe that he or she has observed the commission of a sexual battery;

(2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;

(3) Fails to seek such assistance;

(4) Would not be exposed to any threat of physical violence for seeking such assistance;

(5) Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and

(6) Is not the victim of such sexual battery

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

---------


I missed the part of the article where someone was the victim of a sexual battery. Would you care to point that out?
 

jberryhill

(62,444 posts)
92. I agree
Fri Jul 21, 2017, 04:44 PM
Jul 2017

What is legal and what is morally correct are not the same thing.

Getting into the area of criminalizing acts of omission can get sticky real fast.

 

jberryhill

(62,444 posts)
93. It's Florida. I posted the text of the relevant law
Fri Jul 21, 2017, 04:45 PM
Jul 2017

None of the state laws referenced in that post impose a general duty to call anyone if you see someone drowning.
 

jberryhill

(62,444 posts)
105. So you don't think the laughing and joking was wrong?
Fri Jul 21, 2017, 10:29 PM
Jul 2017

You're upset because they did not call the medical examiner after he was dead? Really?

I find their behavior prior to that point much more disturbing.

Response to jberryhill (Reply #105)

BigmanPigman

(51,582 posts)
30. Another reason I am glad I chose not to have children long ago.
Fri Jul 21, 2017, 01:33 AM
Jul 2017

A future filled with tRump lovers and climate/science deniers is something I do not want to willingly subject anyone to. About 20 years after I made that decision I became a teacher (I needed to change careers) and my choice has proven to be the correct one over and over and over.

 

WinkyDink

(51,311 posts)
31. "They won't be punished" because sometimes evil is not illegal. Just as with the Republican AHCA
Fri Jul 21, 2017, 02:07 AM
Jul 2017

that would kill multitudes, while men look on and laugh.

 

Lazy Daisy

(928 posts)
36. So many are ready to punish the kids
Fri Jul 21, 2017, 02:43 AM
Jul 2017

without knowing a thing except what's on the video.

Today's children are under attack 24/7 but are still expected to be "just like us" as they grow.
Parents today have to work 2 - 3 jobs, leaving kids on their own to navigate this world, hoping for the best outcome.
And it's been that way for few generations, maybe more depending on the economic status of the family background. Each generation losing the ability to learn proper parenting.

The violence today's children are subjected to daily is also a problem. I'm not talking about Hollywood, I'm talking about the nightly news. And don't call the police, that may not turn out so well for you. 30 years ago when my child was in pre-school and DARE was being taught, she was told to not respect me, called me a drug addict because I smoked cigarettes. 30 years ago. Things have not gotten better.

These children are a product of very bad policy, bad social construct, bad laws. With everything we (as a country) have done in my lifetime I'm surprised they weren't throwing rocks at him. We (as a country) have failed them. They deserve better than a quick "OMG they need to go to jail"

 

geek tragedy

(68,868 posts)
65. The kids didn't break the law, but only a purely evil psychopath would have behaved as these
Fri Jul 21, 2017, 01:38 PM
Jul 2017

monsters did.

They are not the product of bad policies etc. They're just bad people, some of the worst.

Only a matter of time before they wind up breaking the law and meeting justice.

EllieBC

(3,010 posts)
74. Agree.
Fri Jul 21, 2017, 02:05 PM
Jul 2017

I was a latchkey kid. My parents working didn't make me feel like they failed me or cause me to become a budding psychopath.

I'm tired of excuses being made for bad behaviour.

LeftishBrit

(41,205 posts)
39. Horrible
Fri Jul 21, 2017, 03:52 AM
Jul 2017

I find it hard to believe that young people can be prosecuted for totally trivial offences, yet not for something like this. Yes, one could argue that they could not be legally required to potentially risk their own lives in an attempt to rescue him; BUT how could they not ring police/ emergency services??? Surely that should be an obvious requirement.

 

EL34x4

(2,003 posts)
40. Maybe they were scared of him?
Fri Jul 21, 2017, 05:14 AM
Jul 2017

It appears that Mr. Dunn wasn't a very nice guy.

I wonder what his disability was?





 

7962

(11,841 posts)
41. Yes, these days we have a lot of people claiming to be disabled who may not be at all.
Fri Jul 21, 2017, 07:20 AM
Jul 2017

his thought process was obviously disabled looking at his tattoo choices

 

LanternWaste

(37,748 posts)
44. I can understand how tattoos may be a litmus test to save a life.
Fri Jul 21, 2017, 08:04 AM
Jul 2017

I can understand how tattoos may be a litmus test to save a life. I may find it absurd and an illustration of a dramatic lack of character, but I certainly understand it...

 

EL34x4

(2,003 posts)
46. The people watching Dunn drown knew him.
Fri Jul 21, 2017, 08:15 AM
Jul 2017

Maybe they thought the neighborhood would be better without him? I don't know.

What is well known is that Mr. Dunn was s frequent guest of Florida Department of Corrections for several repeated not very nice offenses.

So, sure, they could have dialed 911. They could have tried to save his life. They knew Mr. Dunn. They chose to do none of these things.

IronLionZion

(45,409 posts)
48. It could have been a suicide
Fri Jul 21, 2017, 09:09 AM
Jul 2017

it sounds like he had been arguing with his family and fiance, and then argued with the kids before he voluntarily went for a swim.

I would reserve judgment on these kids since I don't know the whole story and background.

 

Doug the Dem

(1,297 posts)
42. Florida, our Canary in the Coal Mine
Fri Jul 21, 2017, 07:49 AM
Jul 2017

Leading the nation in depravity. But, unlike Vegas, what happens in Florida won't stay in Florida. Not for very long. Disgusting little bastards.

onenote

(42,675 posts)
71. Unfortunately, Florida isn't the first or last place where people fail to show basic humanity
Fri Jul 21, 2017, 02:00 PM
Jul 2017

Sure, these kids laughing and filming the drowning makes it particularly horrific. But in the end, it's not that much different than people simply walking by a person in life-threatening distress.
http://nypost.com/2010/04/24/stabbed-hero-dies-as-more-than-20-people-stroll-past-him/

Shell_Seas

(3,330 posts)
49. Don't blame the kids, or the parents.
Fri Jul 21, 2017, 09:22 AM
Jul 2017

Blame humanity. We're on a sharp decline. Trump and all that surround him prove it.

Y'all do what you will. I'm building an arc.

RKP5637

(67,101 posts)
51. Quite true! Just the fact a creature like Trump is elected, and still defended by many, shows
Fri Jul 21, 2017, 10:20 AM
Jul 2017

what we are (many) and headed.

 

Bradical79

(4,490 posts)
87. That's a very America-centric view
Fri Jul 21, 2017, 04:08 PM
Jul 2017

Trump is nothing new or unique in history. The timing is extremely unfortunate considering the enviromental degradation, but the problem is that not enough of us have changed rather than humanity has.

 

Bradical79

(4,490 posts)
86. Only if you whitewash history
Fri Jul 21, 2017, 04:01 PM
Jul 2017

This isn't some new thing indicitave of humanity's decline. It's been par for the course since the beginning that there will be a lot of people like this out there. We just get to watch them on video now.

Eliot Rosewater

(31,109 posts)
102. Half the country supports a murderous dictator and somehow this handful
Fri Jul 21, 2017, 06:41 PM
Jul 2017

of kids are the problem?

Boy, no wonder we are so fucked up.

This is my way of supporting what you said and what RKP said.

 

geek tragedy

(68,868 posts)
64. they're pure evil and psychopaths, but doesn't look like they violated any statute
Fri Jul 21, 2017, 01:36 PM
Jul 2017

though at some point no doubt these creatures will run afoul of criminal statutes as well as violating the most basic norms of human decency

romanic

(2,841 posts)
70. Very disturbing.
Fri Jul 21, 2017, 01:59 PM
Jul 2017

I get that it takes a lot or risk to save someone drowning, but to just stand around and laugh like it's a big joke. Even if the guy was a criminal, to just laugh as he sinks...very messed up. :I

obamanut2012

(26,063 posts)
80. As a trained lifeguard, there is no way they could have saved him
Fri Jul 21, 2017, 02:47 PM
Jul 2017

An, may have died attempting. So, no snark from me for that.

But, they should have called 911 for sure.

xor

(1,204 posts)
96. And for sure not found glee in it.
Fri Jul 21, 2017, 05:07 PM
Jul 2017

I understand not putting their own lives at risk. I honestly don't think I would have unless it was a child or someone small who I knew would be less likely to overcome me. But the sick laughing is twisted

Flaleftist

(3,473 posts)
99. Update: Officials found a charge they will attempt to use.
Fri Jul 21, 2017, 06:15 PM
Jul 2017

From the article:


The statute they will use, Florida Statute 406.12, is typically reserved for medical examiners when it comes to reported deaths. It reads: "It is the duty of any person in the district where a death occurs, who becomes aware of the death of any person occurring... must report such death and circumstances to the district medical examiner."

The charge is a misdemeanor.

"It will be kind of a test case," Cantaloupe said. "... As far as we know, the statute has never been used in this way."

http://m.mynews13.com/content/mobile/news/cfnews13/news/article.touch.html/content/news/articles/cfn/2017/7/21/video_teens_filmed_m.html

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