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» Ship of Fools   » Community discussion   » Purgatory   » Should you be required by law to be a good Samaritan? (Page 2)

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Source: (consider it) Thread: Should you be required by law to be a good Samaritan?
Gee D
# 13815

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Russ, your last post is totally inconsistent with the earlier.

FWIW, I know nothing of German law or legal philosophy. Does the presumption of innocence apply there? Is it necessary for the prosecution to prove guilt beyond reasonable doubt? Perhaps someone who knows can point us in the right direction.

Not every Anglican in Sydney is Sydney Anglican

Posts: 7028 | From: Warrawee NSW Australia | Registered: Jun 2008  |  IP: Logged
Leorning Cniht
# 17564

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Originally posted by Russ:
The German law may be framed in such a way that no wrong intent is needed, that the fact of having not rendered assistance makes one guilty regardless of motivation & regardless of whether one has actually noticed that someone is having a medical emergency.

Like I said earlier, the people convicted in this case offered as a defense that they though the man was homeless and sleeping in the nice warm bank. The court decided that, as the man had clean clothes and wasn't carrying a carrier bag of possessions or anything else typical of the local homeless, this was not reasonable.

I don't know exactly what standard is applied to determine whether a reasonable person would think that there might be a medical emergency, but it seems as though the court thought that stepping over someone on the floor warranted a check.

Posts: 5026 | From: USA | Registered: Feb 2013  |  IP: Logged

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