Is this a crime

[total crazy talk]

last sunday i was at a BBQ with some mates drinking and whatnot, and my brother presented us with this strange question

"if you happen across a stranger who is sinking in quicksand and you just leave him to die is that a crime"

we could not seem to decide if it was.

what do you guys think??

 

[staika]

That doesn't sound like a crime you can be charged with but people will see you as a heartless bastard for awhile. I think its more of a moral crime than an actual crime.

 

[Neonit]

yes! of course! and pretty serious too.

You are required to at least call emergency line.

 

[spartan231490]

It depends. If it would be a risk to you to help them it usually ins't a crime. Some exceptions being that lifeguards have to save people who are drowning even if they are off-duty, and EMTs have to perform the Heimlich maneuver and CPR on people who need it. Same with doctors. I believe. If it wouldn't be a risk to you to save them, then you might be guilty of something like Criminally negligent homicide, I'm not really sure.

What the guy above me said, you have to call emergency services regardless. If you don't even do that it is very serious.

 

[Dango]

Legally, I don't think so, that would however make you a terrible person.

 

[Galloglasses]

If its possible in your country to be found of a crime of inaction then yes it is a crime.

If there was realistic possibility of you saving the man without endangering yourself, others or the man in question further, then by common law logic you had a civic duty to save that man.

Unless you were in a wheelchair or similarly indisposed.

 

[DuskServent]

Depends, are there other people around?

That is a tough question.
Although I don't think there is a law about quicksand, would this be considered involuntary manslaughter?

 

[Zykon TheLich]

Depends

 

[Seives-Sliver]

It depends really, humanely it is a crime, because you let your fellow man die, but they can't charge you with murder, they can charge you with not calling the police or anything, but it's not written down that you -have- to save him/ her.

 

[spartan231490]

Depends, are there other people around?

That is a tough question.
Although I don't think there is a law about quicksand, would this be considered involuntary manslaughter?

Probably criminal negligence. Or Criminally negligent homicide. I believe. If it's illegal at all I'm pretty sure that would be the charge. They would definitely get you for failure to report it though.

 

[theheroofaction]

Well in most areas of the world there aren't laws against not helping people, but then if you were in that situation and the first thing you thought about was the legal ramifications of leaving some poor sap to die in a hole you're probably on the run from the police already.

So, I guess my answer to that question is: "what difference would it make?"

 

[SsilverR]

Here in the UK it might be .. the closest thing to that I know for sure is that if you're trained in First aid, It's your legal obligation to help anyone who needs it ... not doing so can get you arrested.

**Edit** But honestly ... why walk away when you can just stand there and watch them die, that sounds like a lot more fun.

 

[Tesral]

Spoiler: From Wikipedia on Manslaughter

Criminally negligent manslaughter
Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply.
It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.
Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako).

So really it depends on what would be classed as your 'Duty'. If you were, say, a fireman or other rescue professional then yes, leaving the person to drown would be negligence, even if you were off-duty.
I don't think that a standard civilian would be penalised for not attempting a rescue (although in the case of able-bodied young males, they would have more of a duty than, say, the old and infirm).

 

[Carboncrown]

It is in Finland, as far as I'm aware.

Wouldn't know about other countries, but it should be. Obviously.

 

[headbanger97]

No, (it helps when your mom is a lawyer) you can only be charged if you were the person who pushed the person into the quicksand, or you have a obligated duty (IE. Cop) and you refuse to help. otherwise you are in no legal trouble for not helping.

 

[Chappy]

last sunday i was at a BBQ with some mates drinking and whatnot, and my brother presented us with this strange question

"if you happen across a stranger who is sinking in quicksand and you just leave him to die is that a crime"

we could not seem to decide if it was.

what do you guys think??

I may be wrong but I believe it depends on where they are sinking and what relation to them.

If you are a parent or Gaurdian I believe you are legally bound to try to save them leaving them to die is a crime but if you are a sibling you are not legally bound for example as you are not the Gaurdian on the person even if it is morally wrong to let them die you cannot be legally tried.

Also there are laws known as 'Good Samaritan laws' I guess you can figure what they are about via the name which will need you to assist someone in trouble like that however as I heard in some countries this law is taken advantage of by gangs and car theifs who will pretend to be injured in the road and will take your car when you go to assist them.

Edit - Forgot duty as an official like a police officer, there was a case study we did once where a Police officer was legally tried because he didn't break up a fight outside a pub (He was 5 minutes from going off duty) when if he would have tried he would have likely been seriously injured by the aggressing party or even killed due to the level of violence because of his station as a police officer, when any normal civilian could have stood and watched without being in any legal trouble at all.

 

[ace_of_something]

last sunday i was at a BBQ with some mates drinking and whatnot, and my brother presented us with this strange question

"if you happen across a stranger who is sinking in quicksand and you just leave him to die is that a crime"

we could not seem to decide if it was.

what do you guys think??

Depends on your local laws. At least in the USA it is in fact against the law. It's called 'the good samaritan' law it means that unless doing so would put youself in mortal danger you are required to help people who are... in mortal danger. Or at the very least call the ambulance/police/park ranger. Ect.

It's rarely enforced.

 

[CManator]

Some places have "good samaritan laws", and yes it would be a crime in those places.

Anywhere else it would just be a major dick move.