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shroomy

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OK I have a question inspired by recent events.....

You are walking down the street and you see a bunch of street punks beating the hell out of a homeless guy with bricks and bats, but you happen to have a gun.

What do you do?

a) say well, it doesn't involve me, let the kids do what they want, Im going to get my big mac.

B) keep the punks away from the homeless guy, and tell the kids that you will be back once a week to see if they are behaving, and to see if they still have their sticks and bats. And if they do still have them, tell them that OK, you only have one more week to get rid of them. (and keep doing that)

c) beat their asses and toss them in jail until the homless guy hits the lotto.

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Guest saleen351

a) is illegal

B) makes no sense, there is not one sane person that would become the police...

c)once again illegal...

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Guest saleen351
Originally posted by thehog

Saleen your reply makes no sense period.

a)its against the law to walk away from someone being beaten like that.. Its called the good sumertian law... get a clue... if an off duty cop or a grandmother of ten saw this and they don't report it, they go to jail........

B) you can't become the cops and try to prevent these kids from comming back. First off you already broke the law by not reporting it, and second what if the guy dies since you are not positive you can't prevent it? You are just a guy with a gun..

c) you cant beat someone up, first you have an obligation to call for help its the first rule in any emergency situation, and or if you feel the guys life is in danger you must use your gun in a lawful manner, you can only protect life with your gun, and you should be able to do so and then call the cops... but in no way would you BEAT kids up when you clearly have a gun and the advantage.. odds would have it, a bunch of underaged kids would only do this, and you can't fuck up a 15 year old when you have a gun....

next...

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Guest saleen351

What is a "Good Samaritan Law?"

The "Good Samaritan" doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for "wrongdoing." The purpose of such laws is to keep people from being reluctant to help a stranger who needs assistance for fear of possible legal repercussions, in the event that a mistake in treatment is made inadvertently by the rescuer. The Good Samaritan doctrine was primarily developed for first aid situations. Every State has its own adaptation of the Good Samaritan legal doctrine.

IN NJ, you walk away, YOU GO TO Jail..

This is why in any situation, you yell FIRE, not help.........

perfect example was a famous case out in cali a few years ago, it the dude went to berkley and didn't prevent his buddy from killing a little girl...

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Originally posted by shroomy

OK I have a question inspired by recent events.....

You are walking down the street and you see a bunch of street punks beating the hell out of a homeless guy with bricks and bats, but you happen to have a gun.

What do you do?

a) say well, it doesn't involve me, let the kids do what they want, Im going to get my big mac.

B) keep the punks away from the homeless guy, and tell the kids that you will be back once a week to see if they are behaving, and to see if they still have their sticks and bats. And if they do still have them, tell them that OK, you only have one more week to get rid of them. (and keep doing that)

c) beat their asses and toss them in jail until the homless guy hits the lotto.

d) I would join the punks...and I will kick the homeless guy in the head...then I would pretend nothing happened and I would go and get the big mac.

:D

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Saleen you once again are totally fucking clueless.

There is no law that requires you to help anyone expecially if it puts you at any risk. Good Samaritin laws are to protect from liability someone who is trying to help.

Two there is no law that says you have to report shit. Its called freedom of speach (or lack there of) Just use that one brain cell of yours. A girl gets raped and doesn't report it.... lets arrest her and send her to jail! Or your car is broken into and you say fuck it...

Three you can use your gun anytime you think your life is in danger or someone else's life is in danger and there is not a chance to flee.

And the in the cali case he was charged as an accomplice and conspiricy.

Four... you are just too stupid to get the point.

When you spew this shit out of your mouth (or keyboard) do you really believe it? Let me guess, you read it on a msg board so know it is true or you have this lawyer friend..... (yeah right, we all know you dont have any friends)

btw lol to funk.

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Guest saleen351

so according to shroomy, if you walk into a room, where 5 guys are about to rape and kill a 5 year old girl you calmly turn around and walk out, and not report it, then thats not a crime???????????????????????????? You have a moral and legal obligation to report it.... You don't have to put your life in danger, but you have to report it... But if i'm wrong i'll admit it, but da jews roomate is a lawyer, i'll ask him.........

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768.13 Good Samaritan Act; immunity from civil liability.--

(1) This act shall be known and cited as the "Good Samaritan Act."

(2)(a) Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. 381.00315, a state of emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

(b)1. Any hospital licensed under chapter 395, any employee of such hospital working in a clinical area within the facility and providing patient care, and any person licensed to practice medicine who in good faith renders medical care or treatment necessitated by a sudden, unexpected situation or occurrence resulting in a serious medical condition demanding immediate medical attention, for which the patient enters the hospital through its emergency room or trauma center, or necessitated by a public health emergency declared pursuant to s. 381.00315 shall not be held liable for any civil damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.

2. The immunity provided by this paragraph does not apply to damages as a result of any act or omission of providing medical care or treatment:

a. Which occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the immunity provided by this paragraph applies to any act or omission of providing medical care or treatment which occurs prior to the stabilization of the patient following the surgery; or

b. Unrelated to the original medical emergency.

3. For purposes of this paragraph, "reckless disregard" as it applies to a given health care provider rendering emergency medical services shall be such conduct which a health care provider knew or should have known, at the time such services were rendered, would be likely to result in injury so as to affect the life or health of another, taking into account the following to the extent they may be present;

a. The extent or serious nature of the circumstances prevailing.

b. The lack of time or ability to obtain appropriate consultation.

c. The lack of a prior patient-physician relationship.

d. The inability to obtain an appropriate medical history of the patient.

e. The time constraints imposed by coexisting emergencies.

4. Every emergency care facility granted immunity under this paragraph shall accept and treat all emergency care patients within the operational capacity of such facility without regard to ability to pay, including patients transferred from another emergency care facility or other health care provider pursuant to Pub. L. No. 99-272, s. 9121. The failure of an emergency care facility to comply with this subparagraph constitutes grounds for the department to initiate disciplinary action against the facility pursuant to chapter 395.

© Any person who is licensed to practice medicine, while acting as a staff member or with professional clinical privileges at a nonprofit medical facility, other than a hospital licensed under chapter 395, or while performing health screening services, shall not be held liable for any civil damages as a result of care or treatment provided gratuitously in such capacity as a result of any act or failure to act in such capacity in providing or arranging further medical treatment, if such person acts as a reasonably prudent person licensed to practice medicine would have acted under the same or similar circumstances.

(3) Any person, including those licensed to practice veterinary medicine, who gratuitously and in good faith renders emergency care or treatment to an injured animal at the scene of an emergency on or adjacent to a roadway shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

Looks like Shroomy is right....only if you help you are not liable for anything....

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"the good SUMERTAIN LAW... get a clue" (saleen)

DID ANYONE MISS THAT ONE??

I THINK U NEED TO GET A DICTIONARY....

OH I SEE!!!!

YOU CALLED YOUR LAWYER FRIEND FOR HELP ON HOW TO SPELL THIS ONE.....

SMART MOVE...

OTHERWISE YOU WOULD'VE DUG YOURSELF A NICE GRAVE

:finger::D :D

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I practiced law in both New York and New Jersey and I assure you that the good samaritan law does not require you to act in such a situation. It was initially created for the purpose of getting medical professionals to help out when they see someone in need of serious medical attention (such as a major car accident on the side of the highway) without the fear of getting sued.

Never has an individual been required to help out or EVEN REPORT a crime that may be taking place right in front of him. I remember one of our case studies in law school where (I think it was in Queens, NY) a woman was getting raped andseriously beaten in the street in front of a large residential building. Lights turned on, people saw the screaming, but NO ONE helped! No one who witnessed the crime was held liable because, as the judge found, while there is a moral obligation to help out in such a situation, there is absolutely no legal obligation.

My own personal comment on this is that this is the way it should be. I don't think we need laws to tell us that we need to help out people in distress so long as it doesn't put us in danger of death. We have a moral obligation to help out, and that moral obligation should be enough to carry our conscience so that we do help out.

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Guest saleen351

well, i asked, and got the same answer as macboy posted. Though looking back, I know why I thought it was to be, I was a lifeguard for a 5 years, and when we got certified, it was explained to us that we had to act (on duty).... or we were liable..

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Originally posted by macboy

I practiced law in both New York and New Jersey and I assure you that the good samaritan law does not require you to act in such a situation. It was initially created for the purpose of getting medical professionals to help out when they see someone in need of serious medical attention (such as a major car accident on the side of the highway) without the fear of getting sued.

Never has an individual been required to help out or EVEN REPORT a crime that may be taking place right in front of him. I remember one of our case studies in law school where (I think it was in Queens, NY) a woman was getting raped andseriously beaten in the street in front of a large residential building. Lights turned on, people saw the screaming, but NO ONE helped! No one who witnessed the crime was held liable because, as the judge found, while there is a moral obligation to help out in such a situation, there is absolutely no legal obligation.

My own personal comment on this is that this is the way it should be. I don't think we need laws to tell us that we need to help out people in distress so long as it doesn't put us in danger of death. We have a moral obligation to help out, and that moral obligation should be enough to carry our conscience so that we do help out.

Bump ... thank God you are "back in action" ... :hat:

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Originally posted by steffy27

768.13 Good Samaritan Act; immunity from civil liability.--

(1) This act shall be known and cited as the "Good Samaritan Act."

(2)(a) Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. 381.00315, a state of emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

(b)1. Any hospital licensed under chapter 395, any employee of such hospital working in a clinical area within the facility and providing patient care, and any person licensed to practice medicine who in good faith renders medical care or treatment necessitated by a sudden, unexpected situation or occurrence resulting in a serious medical condition demanding immediate medical attention, for which the patient enters the hospital through its emergency room or trauma center, or necessitated by a public health emergency declared pursuant to s. 381.00315 shall not be held liable for any civil damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.

2. The immunity provided by this paragraph does not apply to damages as a result of any act or omission of providing medical care or treatment:

a. Which occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the immunity provided by this paragraph applies to any act or omission of providing medical care or treatment which occurs prior to the stabilization of the patient following the surgery; or

b. Unrelated to the original medical emergency.

3. For purposes of this paragraph, "reckless disregard" as it applies to a given health care provider rendering emergency medical services shall be such conduct which a health care provider knew or should have known, at the time such services were rendered, would be likely to result in injury so as to affect the life or health of another, taking into account the following to the extent they may be present;

a. The extent or serious nature of the circumstances prevailing.

b. The lack of time or ability to obtain appropriate consultation.

c. The lack of a prior patient-physician relationship.

d. The inability to obtain an appropriate medical history of the patient.

e. The time constraints imposed by coexisting emergencies.

4. Every emergency care facility granted immunity under this paragraph shall accept and treat all emergency care patients within the operational capacity of such facility without regard to ability to pay, including patients transferred from another emergency care facility or other health care provider pursuant to Pub. L. No. 99-272, s. 9121. The failure of an emergency care facility to comply with this subparagraph constitutes grounds for the department to initiate disciplinary action against the facility pursuant to chapter 395.

© Any person who is licensed to practice medicine, while acting as a staff member or with professional clinical privileges at a nonprofit medical facility, other than a hospital licensed under chapter 395, or while performing health screening services, shall not be held liable for any civil damages as a result of care or treatment provided gratuitously in such capacity as a result of any act or failure to act in such capacity in providing or arranging further medical treatment, if such person acts as a reasonably prudent person licensed to practice medicine would have acted under the same or similar circumstances.

(3) Any person, including those licensed to practice veterinary medicine, who gratuitously and in good faith renders emergency care or treatment to an injured animal at the scene of an emergency on or adjacent to a roadway shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

Looks like Shroomy is right....only if you help you are not liable for anything....

;) smart girl ;) other people woulda googled it

:D :D

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FUCK FUCK FUCK!!

Does no one realize what I am talking about?

The people or Iraq were getting beaten down by a bunch of megalamanic thugs, while the whole world watched and did nothing.

All the anti-war folks are saying that it is acceptable because it is not happening in their country or to their faith or we are only helping because we expect a reward ($$$) or whatever. I don't give a fuck what the reason, we needed to help. While it is a valid point that there have been many other times we should have helped and didn't or have done the wrong thing in the past. But that doesn't make what we are doing wrong now.

People are people around the world and deserve the right to have a reasonable chance for life, no matter how they choose to worship God, or live their lives. It is just too easy, to dismiss the people you don't understand as different and less than human, but they are not.

and of course I am right......and of course saleen is mistaken... what is new? :)

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Originally posted by koky

im with pod !! if i just aquired a ruger super black hawk 44 magnum ill test it out on the punks .. & if i have an extra round left .. the homeless guy is history as well !! :blown: :blown: :cool:

:laugh: :laugh: Dumass.... But it was funny as hell, i'll give you that much.... :laugh: :laugh:

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Originally posted by mimid

:laugh: :laugh: Dumass.... But it was funny as hell, i'll give you that much.... :laugh: :laugh:

oh & did i ever tell you about that time i was walking home from the store ?? & i saw 3 guys beating the crap out of an old lady ... & i was like "fuck" !! should i jump in , should i not ? :confused: so finally i said "fuck it" !! & jumped in .. you shoulda seen the ass whoopen the 4 of us gave that lady !!

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