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| I Am The Law! Car accidents, personal injury, defamation, libel, malpractice, fraud, bankruptcy, debt, lawyers, corporate law, criminal law, jail, police conduct, prison, employment laws, workers compensation, real estate law, divorce and family court, taxes, education, immigration, military law, insurance, trademarks and copyrights, traffic and driving laws, class action law suits, and more. All of these are welcome topics in this forum.This forum is not intended to be a substitute for professional legal advice. Always seek the advice of professional with any questions you may have regarding a legal situation. Never disregard professional legal advice or delay in seeking it because of something you have read on any web site, including this one. Fair warning: If you're stupid enough to post a confession it could be held against you in a court of law. |
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#1
 2008-07-03, 03:06
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Oakland, California, U.S.A.
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Letting a human die?
Do people in the U.S. have any legal obligation to save a humans' life under reasonable circumstances that don't seriously endanger their own life?
Simple scenario: The father of the human body I'm using has a heart attack, it tells me to call 911, I ignore it, and it dies. If they were able to prove that I knew it was dying, could I get in trouble.
Lulz, I don't want the human to die(not until I move out, its money is convenient). I'm just wondering about basic scenarios like this.
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#2
 2008-07-03, 04:55
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Re: Letting a human die?
Quote:
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Originally Posted by Bukujutsu
Do people in the U.S. have any legal obligation to save a humans' life under reasonable circumstances that don't seriously endanger their own life?
Simple scenario: The father of the human body I'm using has a heart attack, it tells me to call 911, I ignore it, and it dies. If they were able to prove that I knew it was dying, could I get in trouble.
Lulz, I don't want the human to die(not until I move out, its money is convenient). I'm just wondering about basic scenarios like this.
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I think you're probably talking about "duty to rescue" tort laws. Good Samaritan laws are relevant, but probably not what you're looking for. For reference, here's a wiki-link:
http://en.wikipedia.org/wiki/Duty_to_rescue
From what I read, there's only two situtations where you have a duty to rescue - one being where it's your job, or something similar. The other being where you created the hazard they've gotten into yourself.
I'm not sure it applies to family members,but I didn't read that far down.
Question: What the fuck is up with this "father of the human body I'm using" shit? If you don't consider yourself under any personal obligation to him, it's far simpler to refer to him as your birth father.
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#3
 2008-07-03, 12:58
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Re: Letting a human die?
Quote:
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Originally Posted by Bukujutsu
Do people in the U.S. have any legal obligation to save a humans' life under reasonable circumstances that don't seriously endanger their own life?
Simple scenario: The father of the human body I'm using has a heart attack, it tells me to call 911, I ignore it, and it dies. If they were able to prove that I knew it was dying, could I get in trouble.
Lulz, I don't want the human to die(not until I move out, its money is convenient). I'm just wondering about basic scenarios like this.
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Like above poster said, there are cases in which Duty to rescue comes into case. If you caused a dangereous situation and someone else is in danger of getting hurt from it, you are obliged to save that person. In certain relationships you are obliged to save the other person too. Direct family ties or being a police officer/para-medic, etc. However in your case this does not apply.
You would be endited with Criminal Negligeance. http://en.wikipedia.org/wiki/Criminal_negligence
There are a number of related similar crimes like Willful Blindness.
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#4
 2008-07-03, 17:16
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Re: Letting a human die?
Quote:
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Originally Posted by Bukujutsu
Do people in the U.S. have any legal obligation to save a humans' life under reasonable circumstances that don't seriously endanger their own life?
Simple scenario: The father of the human body I'm using has a heart attack, it tells me to call 911, I ignore it, and it dies. If they were able to prove that I knew it was dying, could I get in trouble.
Lulz, I don't want the human to die(not until I move out, its money is convenient). I'm just wondering about basic scenarios like this.
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If your dad tells you to call 911, run to your car and go see a movie.
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#5
 2008-07-04, 17:59
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thatcoolkid 
Regular
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Re: Letting a human die?
No. Look up "omissions" under a law search engine, or find a lecture about it.
You could sit there while some nigga is drowning smiling and under the law you have done nothing wrong. You could be a sick person, it doesn't matter.
You aren't legally responsible for shit you didn't do. That's the whole idea.
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#6
 2008-07-05, 01:07
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Re: Letting a human die?
Good samaritan laws protect those attempting to help.
There is no general obligation to assist someone.
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#7
 2008-07-05, 03:22
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Regular
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Oakland, California, U.S.A.
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Re: Letting a human die?
Hahaha, awesome! If a situation like this ever occurs I'm just gonna run away, have a major lulz session, and post about it on totse(unless saving that person would greatly benefit me). Hmm, the possibility of financial gain is tempting, but I'd never seriously risk my life.
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#8
 2008-07-05, 11:05
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Re: Letting a human die?
I don't see how you'd ever be charged with anything even if there was some law against failing to assist some random.
Considering that you'll have great difficulty proving that you were even in the area in the first place...
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#9
 2008-07-05, 19:57
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Vampire Archimiel 
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Re: Letting a human die?
Like above poster said, there are cases in which Duty to rescue comes into case. If you caused a dangereous situation and someone else is in danger of getting hurt from it, you are obliged to save that person. In certain relationships you are obliged to save the other person too. Direct family ties or being a police officer/para-medic, etc. However in your case this does not apply.
You would be endited with Criminal Negligeance. http://en.wikipedia.org/wiki/Criminal_negligence
There are a number of related similar crimes like Willful Blindness.
Its "Indicted".
And you are correct, if you know a family member is dying and you do nothing, you're going to court.
A total stranger, however, you are under no obligation to help UNLESS you start administering aid, then leave. Once you start rescue attempts it is a crime to abandon them until EMS arrives.
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#10
 2008-07-06, 05:52
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Re: Letting a human die?
Letting someone die can be classed under murder since while you don't have the intent to kill you're letting them die.
I remember some of the photographers on scene at Princess Di's crash being charged because no one called for help. However, that was an extreme case.
<3
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#11
 2008-07-06, 08:02
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Re: Letting a human die?
Quote:
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Originally Posted by azalie
Letting someone die can be classed under murder since while you don't have the intent to kill you're letting them die.
I remember some of the photographers on scene at Princess Di's crash being charged because no one called for help. However, that was an extreme case.
<3
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There is no murder sans mens rea, only manslaughter.
They were charged with failure to render assistance, which they have in Europe.
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