Why do we have the American bystander rule? What are the criticisms of the American bystander rule? Which argument do you agree with? Why?
What will be an ideal response?
There are seven reasons: (1) individuals intervening may be placed in jeopardy; (2) bystanders may misperceive a situation, unnecessarily interfere, and create needless complications; (3) individuals may lack the physical capacity and expertise to subdue an assailant or to rescue a hostage and place themselves in danger; (4) the circumstances under which individuals should intervene and the acts required to satisfy the obligation to assist another would be difficult to clearly define; (5) criminal prosecutions for a failure to intervene would burden the criminal justice system; (6) individuals in a capitalist society are responsible for their own welfare and should not expect assistance from others; and (7) most people will assist others out of a sense of moral responsibility, and there is no need for the law to require intervention. Some criticisms against the bystander rule include situations where assistance could be as little as making a phone call to the police. For instance, in the case of Kitty Genovese, the victim was raped and murdered by her apartment building and her neighbors watched without calling the police. The perpetrator returned three separate times to stab Kitty repeatedly until finally a person called the police. Unfortunately, it was too late to save Kitty. Had there been a legal obligation to assist, perhaps Kitty would still be alive. On the other hand, those who attempt to assist others may, themselves, face the same peril that the person they are assisting is facing.
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Powell v. Alabama (1932), the "Scottsboro case," held that a felony defendant in a state trial had to be represented by counsel if the defendant exhibited ___________ _________
Fill in the blank with correct word.
There are two standards followed by courts in determining whether to bind over a defendant for trial. What are they and which is followed by a majority of states?
What will be an ideal response?
In prison argot, inmates who are close to the staff are known as ________.
Fill in the blank(s) with the appropriate word(s).
Which term implies that a statement can be proven?
What will be an ideal response?