Murder in Queens
Read the article beginning on page 74 in the text about the horrible murder in queens and then answer the questions below (for the sake of this exercise, New York is not a 'Good Samaritan' state).
1. Did the residents have a legal duty to intervene? If so, explain the legal basis of the duty.
2. Because the bystanders were neighbors, did they have a 'special relationship' need to intervene.? If not, explain, using legal criteria.
3. If you answered 'no' to #1 and #2, can you think of a situation in which they would have had a legal duty to intervene. Give one example.
posted by ProfessorQuinnCCP @ 2:17 PM
26 Comments:
legally i would think they would have to intervene but there is no law stating that your suppose to help someone its more of a moral issue how could you just sit around and do nothing.
No you would think they would have a special relationship to intervene but they don't like i said its more of a moral issue
if the women was crying out for help to a person that should make it leagal because shes asking for your help and your letting it happen.
In my opinion they didnt have a moral duty to intervene if they didnt want to be involved in the matter; but it would've been helpful to the victim if they had made that phone call.
They don't have a moral duty to intervene so there wouldn't be a specialm relationship to intervene.
If one of them was a family member and had recognized her voice the first time she screamed.
No. The residents according to the bystander rule they did not have a contaractual / special,relationship to victim nore where there any statutes in place that would cause them to be responsable.
2) no. special relationship are as follows: parent -child, Teacher - student,employer-employee,carrier-passenger,doctor, patient husband-wife.
3) Yes.If one of the bystanders was an off duty police officer.
1) No, the residents did not have a legal duty to intervene. New York is not a 'Good Samaritan' state and none of the residents had any kind of special relationship or contract with Miss Genovese.
2) No, they do not have a special relationship with her. Under the American bystander rule, it states that the ciminal law can't force "Good Samaritans" to help people in need. However, if you live in a "Good Samaritan" state you are obligated to intervene.
3) I think that if one of the residents was a police officer than they would have been obligated to intervene or they could have been held responsible.
1. No the bystanders did not have a legal duty to help the woman being attacked.
2. The bystanders were neighbors but did not have a special relationship need to intervene. The legal criteria for having a special relationship includes only parent-children, doctor-patient, employer-employee, carrier-passenger.
3. If the crime had happened in a workplace such as an office building and an male employee is slashing the neck of a female employee in the cafeteria anyone who witnesses this crime has a special relationship with the victim and assailant and therefore has a legal duty to report this crime.
1. No, the law states that bystanders or "Good Samaritans" can not be forced to help people in need.
2. No, neighbors are not categorized as "special relationships" under the legal duties to report. What is consider "special relationship" would be parent-child,employer-employee,in some states, husband-wife relationship.
3. When a cop is off duty and he sees a drive by shooting, he is entitle to "ptotect and and serve" though he is not on his job, so he has to track down the shooter. He is on a contract to protect and save people.
1. In my opinion they had a choice to intervene that would of been a good moral act, but in this case they choose not to, no they had no legal right to intervene case they were not her guardians.
2. They were neighbors but that doesn't mean that they had a special relationship. They were not family so they had the choice to do what they wanted to do.
3. I can only think of one situation and thats if her family (mother & father) was living in the same building as her then they had a right to do something couse is they legal parents of the victim.
1.No consiously speaking the residents should of intervened. But unfortunately there is no law stating that it was illegal to watch her get murdered.
2.No the bystanders did not have a special relationship need to intervene because New York City is not a state that abides by the Good Samaritan law.
3. If one of the bystanders were to be a police officer then the police officer would have a legal duty to help her.
1.) If Queens enforces the Good Samaritan doctrine then the neighbors did have a legal duty to intervene on the attacks. On the other hand, if Queens does not impose this doctrine and enforces the American Bystander rule then those individuals who heard the screams of Miss Genovese did not have to intervene.
2.)Although the people living in the apartments were neighbors to Miss Genovese, it was not mandatory for any of them to call the police or respond to her cries for help. In this situation there was a failure to perform moral duties, which are duties enforced by conscience, religion, and social norms. Other than this, no laws were broken.
3.) Yes. As we mentioned earlier today in calss, if a child is being abused by his/her caretaker and a teacher, nurse, doctor,and/or social worker is aware of this mistreatment,it is then their legal duty to intervene in this situation.
1.The residents didn't have a legaluty but they did have a moral duty.
2. Unless her husband was in the apartment complex looking down, none of the people had a special relationship
3. If her husband was walking with her, he would have a legal duty
1. No, Although it was a horrific premise the residents didn't have a legal duty to intervene, a moral one definitely but not legal.
2. No, Special relationships consist of child-parent, employee-employer, and things of that nature. Nowhere does it say neighbor-neighbor.
3. If she was employed by the building as a janitor or something of that nature, and the owner of the building saw her getting attacked then it would fall under a special-relationship and the proper authorities should've been called
1.No,By law there is no law stating "a good samaritan" can not be forced to help.I would think that someone would want to help someone who is being attacked.
2.No,a special relationship is: parent child, doctor-patient, employer-employee, and in some states the husband-wife relationship.
3. If one of Miss Genovese's Doctor lived in the building with her and saw what was taking place, it would be his or her duty to contact local authorities to report this act.
1.The residents did not have to intervene due to the American By Standers Rule.
2.No, because the neighbors did not have a "special relationship" there was no contractual duty nor did anyone voluntarily assumed care of the victim.
3.If one of the victim's neighbors were a cop then they would have a duty to intervene.
No. Due to the American Bystander Rule states that no one is forced to report any criminal activity even if the bystander risks nothing by helping.
No. You must have a contratoral duty or legal bond to the public or that person to have to legally respond.
If one of the neighbors was a government official then it would be within their legal duty to report and intervene on the situation.
1. No. The residents did not have a legal duty to intervene with the murder because there was no statues legally stating that they had to, they held no contracts with the victim, or they had no special relationships with the victim.
2.No. In order to be considered a "special realtionship" the bystanders would have had to of had either a family memeber, or had a parent-child, doctor-patient, employer-employee, carrier-passenger,or and in some states, husband-wife relationships
3.If the Woman had a nurse, and she witnessed the murder. The nurse would have had a legal duty to intervene because she is obligated by contract. Also, if the Aparment complex owner had witnessed the murder, they would also have been responsible because of his duty as a landowner.
no they did not have the legal obligation at the time to call the police.
1. Simce the State of New York is not a good samaritan state, they have no legal duty to intervene.Besides, we were not told if any of them has a job such as police officer and has signed a contract to always intervene in situation like this. On the other hand, what the people pocessed was a moral duty and not a legal duty.
2.No special relatioship existed.
3.Suppose she was in a neighbors appartment during a party and someone came in and started stabbing her, then the neighbors would have a legal duty to intervene.
1.) At the time, I'm not sure what the laws were, however, if this same tragic event took place today, it would at least be in our moral duties to contact authorirties as an alternative to
physically intervening. It also may depend on your status (occupation) as well as which state you reside in (varying laws).
2.)Because the bystanders were neighbors, that does not hold them with the obligation of intervening on a "special relationship" basis
because simply being someone's neighbor doesn't fit the criteria to make it a "special relationship."
3.) Yes, there are circumstances where lawfully a neighbor would've been obligated to intervene. Let's say one of the neighbors were a police officer. Their job is to "protect and serve." It would be the officer's legal duty to at least call on-duty police officers to the scene.
2 no they did not have the special relationship they didn't not the person so they didn't have to intervene.
1.)The residents did'nt have a leagal duty to intervene because none of the bystanders had a "special relationship" with the victim. This case could fall under the failure to intervene. Because there is no Good Samaritan law they do not have to act in any way.
2.)No, they were neighbors. In the courts the main special relationships are the parent-child relationship, the doctor-patient relationship, the employer-employee relationship, the carrier-passenger relationship, and, in some states, the husband-wife relationship. Nothing is stated about a neighbor relationship.
3.) If one of the neighbors had legal duties (a duty enforced by law) such as Statues, Contracts, or Special Relationships they would of had to intervene.
If one of the neighbors was an off duty police officer he or she would have had the legal duty to report and/or intervene. If they did not follow these actions it would be considered a criminal omission.
1. No. the 37 bystanders had no statues, contracts, or special relationships with the victim.
2. No. special relationships are described as parent-child, doctor-patient, employer-employee, carrier-passenger, and in some states husband-wife. It was not mentioned that any of the witnesses met the criteria of special relationship.
3. Example: The man who called down, "Let that girl alone." was actually her doctor.
1. No. the 37 bystanders had no statues, contracts, or special relationships with the victim.
2. No. special relationships are described as parent-child, doctor-patient, employer-employee, carrier-passenger, and in some states husband-wife. It was not mentioned that any of the witnesses met the criteria of special relationship.
3. Example: The man who called down, "Let that girl alone." was actually her doctor.
3 if one of the people may had been in charge of a building watch.or if one of the residents had been an off duty sercurity officer.
3 if one of the people may had been in charge of a building watch.or if one of the residents had been an off duty sercurity officer.
In my opinion they had no legal responsiblity to act. But morally one would think that their neighbors would come to their rescue if needed. By the Innocent bystander law they are not criminally neglient.
One would like their friends and neighbors to help but by law they really don't have a special relationship.
If Miss Genovese knew that one of her neighbors was a police officer and he watched the crime without calling it in that is crimina. If another neighbor was a crisis counselor and did nothing to halep that would be criminally worng to ignore the situation.
1. No. Since there was no Good Samaritan law, the American Bystander rule (State v Kuntz 2000, 951)states there's no legal duty to rescue or summon help for someone who's in danger, even if the bystander risks nothing by helping.
2. No, there is no law claiming that a neighbor is a special relationship.
3. If there were a statute, contract or special relationship existed or someone who saw it happening was a law enforcement officer
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