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	<title>Comments on: No Duty to Rescue Rule: Court Holds That New York Transit Workers Had No Obligation To Help Woman Being Raped in Station</title>
	<atom:link href="http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/feed/" rel="self" type="application/rss+xml" />
	<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/</link>
	<description>Res ipsa loquitur (&#34;The thing itself speaks&#34;)</description>
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		<title>By: Michael</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-323228</link>
		<dc:creator><![CDATA[Michael]]></dc:creator>
		<pubDate>Wed, 01 Feb 2012 21:25:02 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-323228</guid>
		<description><![CDATA[My comment on common law is  not a offical law which should be and I hope in the near furture it becomes a law, than this will occur(this does not mean the marriage aspect) when ever a person(s) are in peril then it is the moral duty for every citizen to assist assistance to that person(s) it not agaisnt the law not to assist people in peril (which personally I feel it should be a law that if you near or come upon a crime occurring to another person then it is your duty to assist that person. Now in Wyoming this not the case were the common law is not in place: however if you do assist a person in need and you can&#039;t save them (or you make and attempt to try and you fail) the family of the victim can not sue you (in civil court) for negligence or manslaughter because you made an attempt to save thier lives.]]></description>
		<content:encoded><![CDATA[<p>My comment on common law is  not a offical law which should be and I hope in the near furture it becomes a law, than this will occur(this does not mean the marriage aspect) when ever a person(s) are in peril then it is the moral duty for every citizen to assist assistance to that person(s) it not agaisnt the law not to assist people in peril (which personally I feel it should be a law that if you near or come upon a crime occurring to another person then it is your duty to assist that person. Now in Wyoming this not the case were the common law is not in place: however if you do assist a person in need and you can&#8217;t save them (or you make and attempt to try and you fail) the family of the victim can not sue you (in civil court) for negligence or manslaughter because you made an attempt to save thier lives.</p>
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		<title>By: Uno Hu</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-119497</link>
		<dc:creator><![CDATA[Uno Hu]]></dc:creator>
		<pubDate>Wed, 17 Mar 2010 17:29:31 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-119497</guid>
		<description><![CDATA[Colleen asks a valid question.  I&#039;d like to try to give a valid answer.

What is wrong with us is the American legal system.  Imposing any &quot;duty to aid&quot; beyond placing a phone call to police involves imposing a risk upon an individual that they do not choose to bear voluntarily.  Gee, how bad can that risk be.

Be advised when you insert yourself into any potentially violent situation you are making a wager - what are you betting?  Your life, your health, your freedom, and your wealth.  Your life, (that the assailant of the other person will not turn on you and kill you), your health (that the assailant will not seriously injure you). your freedom (that you are intervening on the right side as judged by a D.A. acting in the bright sunlight and unhurried decision-making of 20/20 hindsight will not charge you with some crime), and your wealth (that you will not be sued by the assailant for disproportionate force or by the victim who alleges some injury or the other was caused or worsened by your intervention).

All-in-all, with the current legal circumstances, I read the situation that as the &quot;community&quot; is saying rather plainly that only fools go looking to insert themselves into other people&#039;s situations.]]></description>
		<content:encoded><![CDATA[<p>Colleen asks a valid question.  I&#8217;d like to try to give a valid answer.</p>
<p>What is wrong with us is the American legal system.  Imposing any &#8220;duty to aid&#8221; beyond placing a phone call to police involves imposing a risk upon an individual that they do not choose to bear voluntarily.  Gee, how bad can that risk be.</p>
<p>Be advised when you insert yourself into any potentially violent situation you are making a wager &#8211; what are you betting?  Your life, your health, your freedom, and your wealth.  Your life, (that the assailant of the other person will not turn on you and kill you), your health (that the assailant will not seriously injure you). your freedom (that you are intervening on the right side as judged by a D.A. acting in the bright sunlight and unhurried decision-making of 20/20 hindsight will not charge you with some crime), and your wealth (that you will not be sued by the assailant for disproportionate force or by the victim who alleges some injury or the other was caused or worsened by your intervention).</p>
<p>All-in-all, with the current legal circumstances, I read the situation that as the &#8220;community&#8221; is saying rather plainly that only fools go looking to insert themselves into other people&#8217;s situations.</p>
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		<title>By: Colleen</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-110712</link>
		<dc:creator><![CDATA[Colleen]]></dc:creator>
		<pubDate>Sun, 07 Feb 2010 04:01:42 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-110712</guid>
		<description><![CDATA[Under common law there is a duty to act when there is a special relationship between the parties involved. An innkeeper with its guests / a school with its students / landlord with their tenants / AND a business open to the public WITH ITS CUSTOMERS.  So I think the judge was on drugs when he decided this case. those workers had a moral and Legal obligation under common law to act. In my opinion they did virtually NOTHING. they didn&#039;t even do the minimum of yelling or screaming or even calling 911. European countries have long recognized the moral obligations reqired of its citizens. what is wrong with us?]]></description>
		<content:encoded><![CDATA[<p>Under common law there is a duty to act when there is a special relationship between the parties involved. An innkeeper with its guests / a school with its students / landlord with their tenants / AND a business open to the public WITH ITS CUSTOMERS.  So I think the judge was on drugs when he decided this case. those workers had a moral and Legal obligation under common law to act. In my opinion they did virtually NOTHING. they didn&#8217;t even do the minimum of yelling or screaming or even calling 911. European countries have long recognized the moral obligations reqired of its citizens. what is wrong with us?</p>
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		<title>By: Anti-Sociopath</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-88890</link>
		<dc:creator><![CDATA[Anti-Sociopath]]></dc:creator>
		<pubDate>Thu, 05 Nov 2009 02:50:59 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-88890</guid>
		<description><![CDATA[&quot;Not every action or inaction that defines one as an unmitigated ass-hole should trigger criminal or civil liability. Personal and individual liberty is, in theory, prized above all else in the U.S.&quot;

Personal and individual liberty? Really? They are more important than preservation of life and protection from physical harm? I disagree, I think the preservation of life and protection from physical harm is more important and we have laws that specifically restrict individual liberty in order to ensure this. 

I do not think everyone has to be a hero and put their own lives on the line, but how on earth is it a restriction of your liberty to say you have to call the police if you see someone getting raped or beat to death? I mean come on.

Also, have you ever heard of taxes? You already are paying for poor people to get health care, its called medicaid... You&#039;re paying for old people too btw.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Not every action or inaction that defines one as an unmitigated ass-hole should trigger criminal or civil liability. Personal and individual liberty is, in theory, prized above all else in the U.S.&#8221;</p>
<p>Personal and individual liberty? Really? They are more important than preservation of life and protection from physical harm? I disagree, I think the preservation of life and protection from physical harm is more important and we have laws that specifically restrict individual liberty in order to ensure this. </p>
<p>I do not think everyone has to be a hero and put their own lives on the line, but how on earth is it a restriction of your liberty to say you have to call the police if you see someone getting raped or beat to death? I mean come on.</p>
<p>Also, have you ever heard of taxes? You already are paying for poor people to get health care, its called medicaid&#8230; You&#8217;re paying for old people too btw.</p>
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		<title>By: pardon me?</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-51248</link>
		<dc:creator><![CDATA[pardon me?]]></dc:creator>
		<pubDate>Mon, 04 May 2009 03:36:56 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-51248</guid>
		<description><![CDATA[Phil Ochs wrote a song referencing the Kitty Genovese tragedy called, &quot;Outside of a Small Circle of Friends&quot;.


Look outside the window, there&#039;s a woman being grabbed
They&#039;ve dragged her to the bushes and now she&#039;s being stabbed
Maybe we should call the cops and try to stop the pain
But Monopoly is so much fun, I&#039;d hate to blow the game
And I&#039;m sure it wouldn&#039;t interest anybody
Outside of a small circle of friends.

Riding down the highway, yes, my back is getting stiff
Thirteen cars are piled up, they&#039;re hanging on a cliff.
Maybe we should pull them back with our towing chain
But we gotta move and we might get sued and it looks like it&#039;s gonna rain
And I&#039;m sure it wouldn&#039;t interest anybody
Outside of a small circle of friends.

Sweating in the ghetto with the (colored/Panthers) and the poor
The rats have joined the babies who are sleeping on the floor
Now wouldn&#039;t it be a riot if they really blew their tops?
But they got too much already and besides we got the cops
And I&#039;m sure it wouldn&#039;t interest anybody
Outside of a small circle of friends.

Oh there&#039;s a dirty paper using sex to make a sale
The Supreme Court was so upset, they sent him off to jail.
Maybe we should help the fiend and take away his fine. 
But we&#039;re busy reading Playboy and the Sunday New York Times
And I&#039;m sure it wouldn&#039;t interest anybody
Outside of a small circle of friends.

Smoking marijuana is more fun than drinking beer,
But a friend of ours was captured and they gave him thirty years
Maybe we should raise our voices, ask somebody why
But demonstrations are a drag, besides we&#039;re much too high
And I&#039;m sure it wouldn&#039;t interest anybody
Outside of a small circle of friends.

Oh look outside the window, there&#039;s a woman being grabbed
They&#039;ve dragged her to the bushes and now she&#039;s being stabbed
Maybe we should call the cops and try to stop the pain
But Monopoly is so much fun, I&#039;d hate to blow the game
And I&#039;m sure it wouldn&#039;t interest anybody
Outside of a small circle of friends.
[ Additional verse, 1974 ]
Down in Santiago where they took away our mines
We cut off all their money so they robbed the storehouse blind
Now maybe we should ask some questions, maybe shed a tear
But I bet you a copper penny, it cannot happen here
And I&#039;m sure it wouldn&#039;t interest anybody
Outside of a small circle of friends.

www.musicsonglyrics.com/P/philochslyrics/philochsoutsideofasmallcircleoffriendslyrics.htm

Phil Ochs was born in El Paso, Tx. in 1940 and took his own life in 1976.]]></description>
		<content:encoded><![CDATA[<p>Phil Ochs wrote a song referencing the Kitty Genovese tragedy called, &#8220;Outside of a Small Circle of Friends&#8221;.</p>
<p>Look outside the window, there&#8217;s a woman being grabbed<br />
They&#8217;ve dragged her to the bushes and now she&#8217;s being stabbed<br />
Maybe we should call the cops and try to stop the pain<br />
But Monopoly is so much fun, I&#8217;d hate to blow the game<br />
And I&#8217;m sure it wouldn&#8217;t interest anybody<br />
Outside of a small circle of friends.</p>
<p>Riding down the highway, yes, my back is getting stiff<br />
Thirteen cars are piled up, they&#8217;re hanging on a cliff.<br />
Maybe we should pull them back with our towing chain<br />
But we gotta move and we might get sued and it looks like it&#8217;s gonna rain<br />
And I&#8217;m sure it wouldn&#8217;t interest anybody<br />
Outside of a small circle of friends.</p>
<p>Sweating in the ghetto with the (colored/Panthers) and the poor<br />
The rats have joined the babies who are sleeping on the floor<br />
Now wouldn&#8217;t it be a riot if they really blew their tops?<br />
But they got too much already and besides we got the cops<br />
And I&#8217;m sure it wouldn&#8217;t interest anybody<br />
Outside of a small circle of friends.</p>
<p>Oh there&#8217;s a dirty paper using sex to make a sale<br />
The Supreme Court was so upset, they sent him off to jail.<br />
Maybe we should help the fiend and take away his fine.<br />
But we&#8217;re busy reading Playboy and the Sunday New York Times<br />
And I&#8217;m sure it wouldn&#8217;t interest anybody<br />
Outside of a small circle of friends.</p>
<p>Smoking marijuana is more fun than drinking beer,<br />
But a friend of ours was captured and they gave him thirty years<br />
Maybe we should raise our voices, ask somebody why<br />
But demonstrations are a drag, besides we&#8217;re much too high<br />
And I&#8217;m sure it wouldn&#8217;t interest anybody<br />
Outside of a small circle of friends.</p>
<p>Oh look outside the window, there&#8217;s a woman being grabbed<br />
They&#8217;ve dragged her to the bushes and now she&#8217;s being stabbed<br />
Maybe we should call the cops and try to stop the pain<br />
But Monopoly is so much fun, I&#8217;d hate to blow the game<br />
And I&#8217;m sure it wouldn&#8217;t interest anybody<br />
Outside of a small circle of friends.<br />
[ Additional verse, 1974 ]<br />
Down in Santiago where they took away our mines<br />
We cut off all their money so they robbed the storehouse blind<br />
Now maybe we should ask some questions, maybe shed a tear<br />
But I bet you a copper penny, it cannot happen here<br />
And I&#8217;m sure it wouldn&#8217;t interest anybody<br />
Outside of a small circle of friends.</p>
<p><a href="http://www.musicsonglyrics.com/P/philochslyrics/philochsoutsideofasmallcircleoffriendslyrics.htm" rel="nofollow">http://www.musicsonglyrics.com/P/philochslyrics/philochsoutsideofasmallcircleoffriendslyrics.htm</a></p>
<p>Phil Ochs was born in El Paso, Tx. in 1940 and took his own life in 1976.</p>
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		<title>By: Joe</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-51225</link>
		<dc:creator><![CDATA[Joe]]></dc:creator>
		<pubDate>Mon, 04 May 2009 01:22:51 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-51225</guid>
		<description><![CDATA[perhaps they thought that if they intervened that the perp/perv would throw the woman into the track area onto the third rail whereby she would have been killed. According to the media this is what he was threatening to do to her if she resisited. The transit workers were probably terrified themselves.]]></description>
		<content:encoded><![CDATA[<p>perhaps they thought that if they intervened that the perp/perv would throw the woman into the track area onto the third rail whereby she would have been killed. According to the media this is what he was threatening to do to her if she resisited. The transit workers were probably terrified themselves.</p>
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		<title>By: Former Federal LEO</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-47074</link>
		<dc:creator><![CDATA[Former Federal LEO]]></dc:creator>
		<pubDate>Sat, 11 Apr 2009 22:54:33 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-47074</guid>
		<description><![CDATA[One thing is fur sartin.  When you get seamus n&#039; Bob together on the same thread thar&#039;s bound to be laughter. Amos n&#039; Andy they&#039;s ain&#039;t, but...]]></description>
		<content:encoded><![CDATA[<p>One thing is fur sartin.  When you get seamus n&#8217; Bob together on the same thread thar&#8217;s bound to be laughter. Amos n&#8217; Andy they&#8217;s ain&#8217;t, but&#8230;</p>
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		<title>By: mespo727272</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-47068</link>
		<dc:creator><![CDATA[mespo727272]]></dc:creator>
		<pubDate>Sat, 11 Apr 2009 22:11:25 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-47068</guid>
		<description><![CDATA[Bob,Esq:

&quot;Half the credit goes to your straight man setup.&quot;

***************** 

Just call me Dan Rowan.]]></description>
		<content:encoded><![CDATA[<p>Bob,Esq:</p>
<p>&#8220;Half the credit goes to your straight man setup.&#8221;</p>
<p>***************** </p>
<p>Just call me Dan Rowan.</p>
]]></content:encoded>
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		<title>By: Bob, Esq.</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-47065</link>
		<dc:creator><![CDATA[Bob, Esq.]]></dc:creator>
		<pubDate>Sat, 11 Apr 2009 20:25:54 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-47065</guid>
		<description><![CDATA[Mespo,

Half the credit goes to your straight man setup.]]></description>
		<content:encoded><![CDATA[<p>Mespo,</p>
<p>Half the credit goes to your straight man setup.</p>
]]></content:encoded>
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		<title>By: mespo727272</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-47033</link>
		<dc:creator><![CDATA[mespo727272]]></dc:creator>
		<pubDate>Sat, 11 Apr 2009 14:00:53 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-47033</guid>
		<description><![CDATA[david W:

While good Samaritan laws are not fool proof and there are foolish employers, doing what is right still is to be encouraged. No one ever said that acting responsibly was free of risks--like every other human endeavor--but the greatest difficulty might be living with yourself if you fail to act.]]></description>
		<content:encoded><![CDATA[<p>david W:</p>
<p>While good Samaritan laws are not fool proof and there are foolish employers, doing what is right still is to be encouraged. No one ever said that acting responsibly was free of risks&#8211;like every other human endeavor&#8211;but the greatest difficulty might be living with yourself if you fail to act.</p>
]]></content:encoded>
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		<title>By: David W.</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-47024</link>
		<dc:creator><![CDATA[David W.]]></dc:creator>
		<pubDate>Sat, 11 Apr 2009 05:11:29 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-47024</guid>
		<description><![CDATA[Then again, no good deed goes unpunished.  If you do try to help someone you could end up being sued by them.  See &lt;a href=&quot;http://www.time.com/time/nation/article/0,8599,1871331,00.html&quot; rel=&quot;nofollow&quot;&gt;this recent article&lt;/a&gt;.  Alternatively, you could be fired from your job (&lt;a href=&quot;http://www.wsmv.com/news/13991885/detail.html&quot; rel=&quot;nofollow&quot;&gt;see this article&lt;/a&gt;) or be left with a stack of unpaid medical bills if you get injured in the process (&lt;a href=&quot;http://greatestamericanlawyer.typepad.com/greatest_american_lawyer/2009/02/mcdonalds-workers-compensation-insurance-company-denies-an-employees-claim-after-being-shot-during-t.html&quot; rel=&quot;nofollow&quot;&gt;see this article&lt;/a&gt;).

As for the &lt;i&gt;Yania&lt;/i&gt; case, like Phil Collins used to sing:  &quot;Well if you told me you were drowning, I would not lend a hand . . .&quot;  &lt;a href=&quot;http://www.youtube.com/watch?v=G82VUCzrhQo&quot; rel=&quot;nofollow&quot;&gt;In The Air Tonight&lt;/a&gt; (1981).]]></description>
		<content:encoded><![CDATA[<p>Then again, no good deed goes unpunished.  If you do try to help someone you could end up being sued by them.  See <a href="http://www.time.com/time/nation/article/0,8599,1871331,00.html" rel="nofollow">this recent article</a>.  Alternatively, you could be fired from your job (<a href="http://www.wsmv.com/news/13991885/detail.html" rel="nofollow">see this article</a>) or be left with a stack of unpaid medical bills if you get injured in the process (<a href="http://greatestamericanlawyer.typepad.com/greatest_american_lawyer/2009/02/mcdonalds-workers-compensation-insurance-company-denies-an-employees-claim-after-being-shot-during-t.html" rel="nofollow">see this article</a>).</p>
<p>As for the <i>Yania</i> case, like Phil Collins used to sing:  &#8220;Well if you told me you were drowning, I would not lend a hand . . .&#8221;  <a href="http://www.youtube.com/watch?v=G82VUCzrhQo" rel="nofollow">In The Air Tonight</a> (1981).</p>
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		<title>By: mespo727272</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-47019</link>
		<dc:creator><![CDATA[mespo727272]]></dc:creator>
		<pubDate>Sat, 11 Apr 2009 03:36:16 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-47019</guid>
		<description><![CDATA[Bob,Esq:

ROFLMAO]]></description>
		<content:encoded><![CDATA[<p>Bob,Esq:</p>
<p>ROFLMAO</p>
]]></content:encoded>
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		<title>By: Bob, Esq.</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-47013</link>
		<dc:creator><![CDATA[Bob, Esq.]]></dc:creator>
		<pubDate>Sat, 11 Apr 2009 03:27:01 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-47013</guid>
		<description><![CDATA[Seamus,

Ed Norton: &quot;Hey Ralph, mind if I smoke?&quot;

Ralph Cramden: &quot;I don&#039;t care if ya burn.&quot;]]></description>
		<content:encoded><![CDATA[<p>Seamus,</p>
<p>Ed Norton: &#8220;Hey Ralph, mind if I smoke?&#8221;</p>
<p>Ralph Cramden: &#8220;I don&#8217;t care if ya burn.&#8221;</p>
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		<title>By: mespo727272</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-47007</link>
		<dc:creator><![CDATA[mespo727272]]></dc:creator>
		<pubDate>Sat, 11 Apr 2009 03:11:03 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-47007</guid>
		<description><![CDATA[Seamus:

&quot;Are we required to step in every time we see some ghetto-fabalous parent yanking their todler’s arm socket out of joint? Are we required to step in and pay for medical treatment for poor people that we’ve become aware will die if they don’t recieve it? What about some homeless mentaly ill gooned-out vet who is clearly starving and/or freezing to death?&quot;

************

&quot;No man is an island,
Entire of itself.
Each is a piece of the continent,
A part of the main.
If a clod be washed away by the sea,
Europe is the less.
As well as if a promontory were.
As well as if a manner of thine own
Or of thine friend&#039;s were.
Each man&#039;s death diminishes me,
For I am involved in mankind.
Therefore, send not to know
For whom the bell tolls,
It tolls for thee.&quot;

--John Donne (1572-1631)
Meditation 17
Devotions upon Emergent Occasions




 9 Then the LORD said to Cain, &quot;Where is your brother Abel?&quot;
      &quot;I don&#039;t know,&quot; he replied. &quot;Am I my brother&#039;s keeper?&quot;
 10 The LORD said, &quot;What have you done? Listen! Your brother&#039;s blood cries out to me from the ground. 
 11 Now you are under a curse and driven from the ground, which opened its mouth to receive your brother&#039;s blood from your hand.  
 12 When you work the ground, it will no longer yield its crops for you. You will be a restless wanderer on the earth.&quot;

--Genesis 4:9-12 (New International Version)]]></description>
		<content:encoded><![CDATA[<p>Seamus:</p>
<p>&#8220;Are we required to step in every time we see some ghetto-fabalous parent yanking their todler’s arm socket out of joint? Are we required to step in and pay for medical treatment for poor people that we’ve become aware will die if they don’t recieve it? What about some homeless mentaly ill gooned-out vet who is clearly starving and/or freezing to death?&#8221;</p>
<p>************</p>
<p>&#8220;No man is an island,<br />
Entire of itself.<br />
Each is a piece of the continent,<br />
A part of the main.<br />
If a clod be washed away by the sea,<br />
Europe is the less.<br />
As well as if a promontory were.<br />
As well as if a manner of thine own<br />
Or of thine friend&#8217;s were.<br />
Each man&#8217;s death diminishes me,<br />
For I am involved in mankind.<br />
Therefore, send not to know<br />
For whom the bell tolls,<br />
It tolls for thee.&#8221;</p>
<p>&#8211;John Donne (1572-1631)<br />
Meditation 17<br />
Devotions upon Emergent Occasions</p>
<p> 9 Then the LORD said to Cain, &#8220;Where is your brother Abel?&#8221;<br />
      &#8220;I don&#8217;t know,&#8221; he replied. &#8220;Am I my brother&#8217;s keeper?&#8221;<br />
 10 The LORD said, &#8220;What have you done? Listen! Your brother&#8217;s blood cries out to me from the ground.<br />
 11 Now you are under a curse and driven from the ground, which opened its mouth to receive your brother&#8217;s blood from your hand.<br />
 12 When you work the ground, it will no longer yield its crops for you. You will be a restless wanderer on the earth.&#8221;</p>
<p>&#8211;Genesis 4:9-12 (New International Version)</p>
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		<title>By: Bob, Esq.</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-47005</link>
		<dc:creator><![CDATA[Bob, Esq.]]></dc:creator>
		<pubDate>Sat, 11 Apr 2009 02:16:25 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-47005</guid>
		<description><![CDATA[seamus, 

Way I see it: 

Family first and whatever else you can do second.]]></description>
		<content:encoded><![CDATA[<p>seamus, </p>
<p>Way I see it: </p>
<p>Family first and whatever else you can do second.</p>
]]></content:encoded>
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		<title>By: DOMINO</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-46964</link>
		<dc:creator><![CDATA[DOMINO]]></dc:creator>
		<pubDate>Fri, 10 Apr 2009 19:29:04 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-46964</guid>
		<description><![CDATA[Hearts of stone.]]></description>
		<content:encoded><![CDATA[<p>Hearts of stone.</p>
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		<title>By: seamus</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-46962</link>
		<dc:creator><![CDATA[seamus]]></dc:creator>
		<pubDate>Fri, 10 Apr 2009 19:19:35 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-46962</guid>
		<description><![CDATA[Not every action or inaction that defines one as an unmitigated ass-hole should trigger criminal or civil liability.  Personal and individual liberty is, in theory, prized above all else in the U.S.  

The reason these stories are so shocking is that they are relatively rare. I remember reading about that Genovese case years after it happened when I was in highschool.

How far would imposing some sort of &quot;Good Samaritan Law&quot; a la the final episode of &quot;Seinfeld&quot; go?

Are we required to step in every time we see some ghetto-fabalous parent yanking their todler&#039;s arm socket out of joint? Are we required to step in and pay for medical treatment for poor people that we&#039;ve become aware will die if they don&#039;t recieve it? What about some homeless mentaly ill gooned-out vet who is clearly starving and/or freezing to death? 

I&#039;ve come across all of these people in the last few days here in beautiful Chicago. The government sure the Hell isn&#039;t going to do anything. I sure as Hell didn&#039;t do anything either. 

I&#039;m pretty sure I would have helped somebody being attacked because I did it a couple years ago and ended up with my glasses broken and a fat lip. 

For some reason the people who are about to become abused, dead, etc. but which are victims of &quot;social problems&quot; instead of &quot;criminal attacks&quot; don&#039;t seem to deserve my sympathy, with the possible exception of the kid recieving the spiral fracture from his mother. In that case I&#039;m usually just comfortable hiding amongst all the other people standing around pretending not to notice.]]></description>
		<content:encoded><![CDATA[<p>Not every action or inaction that defines one as an unmitigated ass-hole should trigger criminal or civil liability.  Personal and individual liberty is, in theory, prized above all else in the U.S.  </p>
<p>The reason these stories are so shocking is that they are relatively rare. I remember reading about that Genovese case years after it happened when I was in highschool.</p>
<p>How far would imposing some sort of &#8220;Good Samaritan Law&#8221; a la the final episode of &#8220;Seinfeld&#8221; go?</p>
<p>Are we required to step in every time we see some ghetto-fabalous parent yanking their todler&#8217;s arm socket out of joint? Are we required to step in and pay for medical treatment for poor people that we&#8217;ve become aware will die if they don&#8217;t recieve it? What about some homeless mentaly ill gooned-out vet who is clearly starving and/or freezing to death? </p>
<p>I&#8217;ve come across all of these people in the last few days here in beautiful Chicago. The government sure the Hell isn&#8217;t going to do anything. I sure as Hell didn&#8217;t do anything either. </p>
<p>I&#8217;m pretty sure I would have helped somebody being attacked because I did it a couple years ago and ended up with my glasses broken and a fat lip. </p>
<p>For some reason the people who are about to become abused, dead, etc. but which are victims of &#8220;social problems&#8221; instead of &#8220;criminal attacks&#8221; don&#8217;t seem to deserve my sympathy, with the possible exception of the kid recieving the spiral fracture from his mother. In that case I&#8217;m usually just comfortable hiding amongst all the other people standing around pretending not to notice.</p>
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		<title>By: Bob, Esq.</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-46959</link>
		<dc:creator><![CDATA[Bob, Esq.]]></dc:creator>
		<pubDate>Fri, 10 Apr 2009 18:13:27 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-46959</guid>
		<description><![CDATA[Mespo: 

&quot;Why was there no duty imposed from her status as a passenger on a common carrier where the carrier supposedly has the highest duty at law to protect its customers?&quot;

While I may think and feel that the transit workers should be tarred and feathered, even if you deemed the entire NY subway system a zone of danger it doesn&#039;t follow that their negligence, if any, was criminal.]]></description>
		<content:encoded><![CDATA[<p>Mespo: </p>
<p>&#8220;Why was there no duty imposed from her status as a passenger on a common carrier where the carrier supposedly has the highest duty at law to protect its customers?&#8221;</p>
<p>While I may think and feel that the transit workers should be tarred and feathered, even if you deemed the entire NY subway system a zone of danger it doesn&#8217;t follow that their negligence, if any, was criminal.</p>
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		<title>By: A Patriot Acting</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-46956</link>
		<dc:creator><![CDATA[A Patriot Acting]]></dc:creator>
		<pubDate>Fri, 10 Apr 2009 17:33:42 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-46956</guid>
		<description><![CDATA[Anonymously Yours, the attackers left unhampered and are currently at large.]]></description>
		<content:encoded><![CDATA[<p>Anonymously Yours, the attackers left unhampered and are currently at large.</p>
]]></content:encoded>
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		<title>By: Coogan</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-46947</link>
		<dc:creator><![CDATA[Coogan]]></dc:creator>
		<pubDate>Fri, 10 Apr 2009 15:48:58 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-46947</guid>
		<description><![CDATA[What precisely is the authority of the Transit Police regarding this situation. These transit workers are either the most apathetic people on the planet or the most pusillanimous. I think the latter.]]></description>
		<content:encoded><![CDATA[<p>What precisely is the authority of the Transit Police regarding this situation. These transit workers are either the most apathetic people on the planet or the most pusillanimous. I think the latter.</p>
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		<title>By: Mike Appleton</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-46937</link>
		<dc:creator><![CDATA[Mike Appleton]]></dc:creator>
		<pubDate>Fri, 10 Apr 2009 13:35:49 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-46937</guid>
		<description><![CDATA[The actions of the transit workers were morally disgusting, but I agree with mespo.  Isn&#039;t the issue here not the rescue doctrine, but the breach of the transit authority&#039;s duty to provide adequate security for its passengers?  Is there some issue of sovereign or statutory immunity that I&#039;m missing?]]></description>
		<content:encoded><![CDATA[<p>The actions of the transit workers were morally disgusting, but I agree with mespo.  Isn&#8217;t the issue here not the rescue doctrine, but the breach of the transit authority&#8217;s duty to provide adequate security for its passengers?  Is there some issue of sovereign or statutory immunity that I&#8217;m missing?</p>
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		<title>By: Anonymously Yours</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-46935</link>
		<dc:creator><![CDATA[Anonymously Yours]]></dc:creator>
		<pubDate>Fri, 10 Apr 2009 13:27:02 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-46935</guid>
		<description><![CDATA[This is sad, sad, sad. Ok, presuming no liability on the part of the Transit Authority, what happened to the &quot;attackers&quot;?]]></description>
		<content:encoded><![CDATA[<p>This is sad, sad, sad. Ok, presuming no liability on the part of the Transit Authority, what happened to the &#8220;attackers&#8221;?</p>
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		<title>By: rafflaw</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-46931</link>
		<dc:creator><![CDATA[rafflaw]]></dc:creator>
		<pubDate>Fri, 10 Apr 2009 11:28:39 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-46931</guid>
		<description><![CDATA[Wow.  First the falling bodies thread now this pleasant one.  I saw this story a day or two ago and I was a bit shocked by it then.  I understand the legal reasoning of the court in this subway case, I just can&#039;t understand why more wasn&#039;t done to help this poor woman.  As the victim commented, even if they had gone on the intercom and said something, it might have scared the attacker enough for him to leave.  I have to agree with the European rule in this situation.  Another phone call to the police directly might have helped and just grabbing the closest pipe or something to attempt to convince the attacker that it was time to flee would have been reasonable.  A very sad case.]]></description>
		<content:encoded><![CDATA[<p>Wow.  First the falling bodies thread now this pleasant one.  I saw this story a day or two ago and I was a bit shocked by it then.  I understand the legal reasoning of the court in this subway case, I just can&#8217;t understand why more wasn&#8217;t done to help this poor woman.  As the victim commented, even if they had gone on the intercom and said something, it might have scared the attacker enough for him to leave.  I have to agree with the European rule in this situation.  Another phone call to the police directly might have helped and just grabbing the closest pipe or something to attempt to convince the attacker that it was time to flee would have been reasonable.  A very sad case.</p>
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		<title>By: mespo727272</title>
		<link>http://jonathanturley.org/2009/04/10/no-duty-to-rescue-rule-court-holds-that-new-york-transit-workers-had-no-obligation-to-help-woman-being-raped-in-station/#comment-46930</link>
		<dc:creator><![CDATA[mespo727272]]></dc:creator>
		<pubDate>Fri, 10 Apr 2009 11:26:55 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=9835#comment-46930</guid>
		<description><![CDATA[So much for the myth of tough New Yorkers. Why was there no duty imposed from her status as a passenger on a common carrier where the carrier supposedly has the highest duty at law to protect its customers?]]></description>
		<content:encoded><![CDATA[<p>So much for the myth of tough New Yorkers. Why was there no duty imposed from her status as a passenger on a common carrier where the carrier supposedly has the highest duty at law to protect its customers?</p>
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