Police Duty to Rescue

deaf tuner

Ad Honoris
Oct 2013
14,533
Europix
Wrong. Duty to Rescue isn't about rescuing, like giving someone CPR or whatever, its just the name of a larger doctrine, rescue essentially means LEO acting in the role of helping an individual in distress. Preventing and stopping crime does not mean the police has to intervene and help an individual in distress, it means the police owe the public as a whole the duty to attempt to catch and lock up the perp.

When a high court judge says that besides the circumstances when someone has a special relationship the police, they owe no individual the duty to rescue (or serve or help, they all mean the same), then that is what causes a shift in policing policies and techniques. That is now case law, that is the interpretation of the law and how it is applied, unless some future court reverses itself, or clarifies it in a different manner.
We've discussed it (and believe me, I did understand).

I think I answered to You too with my answer addressed to Iraq.
 

aggienation

Ad Honorem
Jul 2016
9,796
USA
If, (and I say "if"! as legislation differs) the police mission is to prevent and fight crime, to policemen has to act, and not acting, their are legally punishable.

Regardless "duty to rescue", "protection". That can come or not into discussion (depending on legislation, again), but the thing is that he fails his mission.

And there's no "imposing"/"freedom" issue in it either, as he joined by his own will and accepted the job together with the missions that come with.
To first be in the least bit understanding of how laws work, one has to accept that no one individuals decides what the wording means based on their opinion. Courts decide, through case law. And the courts do not, at all, agree with your interpretation of the wording used in the various findings of case law.

Stop using your own personal definitions for laws. That's just not how it works.
 

deaf tuner

Ad Honoris
Oct 2013
14,533
Europix
Do yourself a favor. If you ever get in trouble and find yourself in a court room, don't defend yourself.
I don't fix my car myself, I don't make my drug prescriptions myself .... so no, I won't.

Anyway, IDK, maybe it's different in US.

In the (European) countries I lived, police have as mission preventing and fighting crime too, not just investigating, apprehending criminals.

If two armed burglars brake into my house at night, the Police patrol that saw it has to take action.

If they don't, they will be legally/administratively/professionally pursuing. Because they didn't accomplished their mission.

Nothing to do with duty to rescue, with protecting individuals.
 
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aggienation

Ad Honorem
Jul 2016
9,796
USA
In the (European) countries I lived, police have as mission preventing and fighting crime too, not just investigating, apprehending criminals.

If two armed burglars brake into my house at night, the Police patrol that saw it has to take action.

If they don't, they will be legally/administratively/professionally pursuing. Because they didn't accomplished their mission.
Here is the simple task in the world. You provided your claim, support it with statute, law, case law.
 

deaf tuner

Ad Honoris
Oct 2013
14,533
Europix
Here is the simple task in the world. You provided your claim, support it with statute, law, case law.
I know it isn't an European case but an US one, but would officer Victor Rodriguez-Rivera
in the "Puertoo Rican Day Parade Police Case" do it ?
 

aggienation

Ad Honorem
Jul 2016
9,796
USA
I know it isn't an European case but an US one, but would officer Victor Rodriguez-Rivera
in the "Puertoo Rican Day Parade Police Case" do it ?
Is Puertoo Rico in Europe where you lived? I asked about "the (European) countries [you] lived".

And are you referring to the fact that not a single NYPD officer was actually punished, and the settlement was done to avoid bad publicity?
 

Iraq Bruin

Ad Honorem
Oct 2010
5,197
DC
If, (and I say "if"! as legislation differs) the police mission is to prevent and fight crime, to policemen has to act, and not acting, their are legally and by not acting, their are (legally/professionally/administratively/ weather the specific legislation) responsible/punishable.


Regardless "duty to rescue", "protection". That can come or not into discussion (depending on legislation, again), but the thing is that he fails his mission.

And there's no "imposing"/"freedom" issue in it either, as he joined by his own will and accepted the job together with the missions that come with.
The issue is not about administrative or professional consequences.

it is about legal compulsion and legal consequences (in a courtroom)
 
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Naomasa298

Forum Staff
Apr 2010
35,365
T'Republic of Yorkshire
I can see the point - you cannot compel a man to put his own life in danger to stop a crime in progress. "You must risk your life or else go to prison" - that would be the effect of any such law gotcing a policeman to intervene. That would be, at the very least, grossly unfair especially here in the UK where the police are relatively unarmed.

And I don'r know of any case here in England at least, where a police officer has been prosecuted for failing to stop a crime. Any lawsuits against the police are civil cases for negligence, and invariably are against a police force rather than an individual officer 0 more chance of getting the payout that way, I suppose.
 

deaf tuner

Ad Honoris
Oct 2013
14,533
Europix
The issue is not about administrative or professional consequences.

it is about legal compulsion and legal consequences (in a courtroom)
Nope, the issue is that in the hypothetical case discussed, it had been said that the cop is not guilty/responsible of anything. I disagreed, as there's more than legal compulsion and courts.

If, (and I say "if"! as legislation differs) the police mission is to prevent and fight crime, to policemen has to act, by not acting, their are (legally/professionally/administratively/ weather the specific legislation) responsible/punishable.
I'm still not convinced I'm wrong.