Pandora wrote:
Maura, good samaritan laws do not extend to assault cases. If you see someone being assaulted, and get involved in the fight, you are held liable for WHATEVER you do from that point on.
And loosecannon, hate to tell you this, but assault IS a crime, which makes the assaulter a criminal. The fact that they are attacking someone in a public place, which it would have to be if other people are freely able to see and get involved, that doesn't speak to their self-control or their anger management at all. And if it's the second or third offense, that DOES make them a long-time criminal. Not to mention, even if an assault is planned, that STILL doesn't speak to their self-control or anger management. Why would they assult someone if they had either? Usually if assaults are planned (drive-by's, ambushes, etc.) it's for either revenge, they want to take something from that person (which is highly impulsive) or pure hate-crime.
A friend of mine can personally attest to the truth of this article. He was assaulted and had his head cracked on two sides by people who were trying to rob him. He survived, and what he said when he was telling me about it was, "You THINK that if you're being assaulted, you'll go all nuts and kick their Edward, but no. You don't see it coming and YOU are the one who's Edward will get kicked. Trust me. I thought the same thing until I was on the ground bleeding from my head and they were trying to take my wallet."
http://www.saf.org/LawReviews/Biggs1.html
The Good Samaritan, under most of the duty to aid statutes discussed in this article, would have been required to at least notify law enforcement unless he knew the police had been called by someone else. If he could have aided the [Page 246] victim, he would have had a duty to come to the "assistance" of the victim. The term assistance is ambiguous. On the lowest level, assistance might involve simply helping the victim up from the sidewalk. A similar level of assistance might involve yelling "stop thief!" A slightly higher level of assistance would include following the thief at a distance, while a high level might require running after the perpetrator and tackling him.
Good Samaritan Laws, combined with duty to aid laws, can apply to "assault" cases.
However, isn't that slightly irrelevent? I mean, when you see someone who needs aid from assault and have the ability to help the person, with reasonable force, would you really decline because it might possibly get you charged for assault? Are you really going to weigh getting charged with assault over possibly saving someone's life?
Especially since you could easily plead self-defense(defense of others) and you could simply use reasonable force.
If so, to each his own. However, I consider myself more altruistic than that. Even if it puts me at risk with "assault", if I'm saving someone's life or saving them from further serious injuries, I'm going to be willing to help out if I can. It'd be a moral obligation for me.
Also, sounds like you and the article are making social psychologies Fundamental Attribution Error.
the fundamental attribution error (also known as correspondence bias or attribution effect) describes the tendency to over-value dispositional or personality-based explanations for the observed behaviors of others while under-valuing situational explanations for those behaviors.
Hypothetically, if someone pissed me off pass the breaking point enough that I decided to beat them up in a public place, after lets say years/months of bullying, does that mean I don't have good self-control?
No, it means it broke at that point.
Does that mean I have anger management problems? No, it means I temporarily lost control of my anger.
Which would mean that I don't necessarily know how to fight, through years of experience as the article claimed.
Again, please understand the importance of the fact that criminal behavior may not be due to those traits, but due to the situations.
Furthermore, when I say longtime criminal, I specifically mean a criminal who has been committing crimes for a long time. It could be 3 crimes, that I committed just in the last week. That DOESN'T make me a longtime criminal, if I just started a week ago. Even if it did, it means that I don't necessarily know how to kick Edward.
If the assault was planned, then how does that not speak to their self-control? That they could hold back the urge to do what they wanted to do prior, to a benifical time, like in a back alley or so. That doesn't mean they're relying on impulses, it means they're being smarter. It does speak to their self-control - it says they have a reasonable agree compared to the general criminals that do crimes on a whim. Also, it doesn't speak to their angermanagement in the sense the Cracked.com Article said.
It argued that criminals with angermanagement problems get in constant fights and thus develope experience. If a criminal can manage their anger enough that they aren't getting into fights so easily and impulsively, than that doesn't mean that they have a signficant amount of prior experience fighting.
Last, I'd like to conclude that your friend's quote does not attest to the truth of the article.
Assuming this "truth" you're referring to is that Criminals can fight good and kick Edward
1. Your friend was doubleteamed. The criminals had your friend outnumbered. Unless you're a naturally great fighter who's good at using your environment or a trained fighter, the chances of you being able to take on 2 criminals attacking you at once is slim. It doesn't mean the criminals fight good and kick Edward, it means they had more man power.
2. The two criminals ambushed him. Since apparently he "didn't see it coming", that means that he was ambushed. Simply put, any one person could kick another person's Edward if he ambushes him. If you're 5'4 and you come up behind a 6'1 muscular man with a bat, and you just swing hard at his head, you can get the jump on him and then kick his Edward. More so, if it's two people doing the ambush. Does that mean that the ambusher is a badass fighting machine with loads of experience? No.
None of this attests that criminals must be able to fight good, as the article indicates.




















