The Student Room Group

Should the law punish bystanders who do nothing?

For example if you see someone getting mugged or raped or drowning and you do nothing should you be punished by law?
Original post by Who?Knows
For example if you see someone getting mugged or raped or drowning and you do nothing should you be punished by law?


Imagine if this law was in effect when the Lee Rigby attack happened, if the bystanders had been legally obliged to step in it could have resulted in many deaths/injuries.

I don't think prosecuting people who do not act is a good idea.
Reply 2
Original post by Scorlibran
Imagine if this law was in effect when the Lee Rigby attack happened, if the bystanders had been legally obliged to step in it could have resulted in many deaths/injuries.

I don't think prosecuting people who do not act is a good idea.


Or maybe he would still be alive today, who knows?
Reply 3
Even the police wouldn't step in these days without a full health and safety report.
Original post by Who?Knows
Or maybe he would still be alive today, who knows?


I highly doubt it.

If you saw someone being mugged at knife point would you attempt to stop it?
Simply put, no. Especially as the above poster said- if you're unarmed and someone armed has got a victim at knife point, it would take someone extremely courageous to think about intervening. It would be quite frankly ridiculous to expect every member of the general public to display that level of bravery or potentially face prosecution.

And even with attacks that are unarmed, it's simply not fair to legally expect a total stranger to intervene and risk getting him or herself injured.
there are also much people ho never harm any person, but also are not good in fighting when they see a crime on the street.....
The police actually advise against you taking action because odds are you'll be less experienced in a fight than the criminal and end up getting injured/killed yourself. Its the same reason it's advised you don't carry a knife in self defense, because if you don't know how to kill with one then its going to get taken off you by an assalent and then used against you.
Reply 8
Original post by Seathestars
Simply put, no. Especially as the above poster said- if you're unarmed and someone armed has got a victim at knife point, it would take someone extremely courageous to think about intervening. It would be quite frankly ridiculous to expect every member of the general public to display that level of bravery or potentially face prosecution.

And even with attacks that are unarmed, it's simply not fair to legally expect a total stranger to intervene and risk getting him or herself injured.


This, the idea that a completely innocent member of the public would be faced with a choice to either intervene and risk injury or worse to themselves or face prosecution, a potential lose lose situation, is utterly ludicrous. I never understand the people who moan at bystanders for not helping, as if they don't care. Its often not that they don't care, its more that they have no idea what they might get themselves into if they intervene.

Of course its admirable to intervene and put yourself at risk to help others, but that doesn't mean there's any shame whatsoever in not intervening considering this is real life we're talking about, not some film where everyone's a hero.
Reply 9
Original post by Scorlibran
I highly doubt it.

If you saw someone being mugged at knife point would you attempt to stop it?


I promised myself I would. Someone did the same for me which is why it's such a big debate for me :redface:

They should at least be forced by law to phone the police/ambulance surely rather than stand there and laugh or video it to put on Youtube.
Reply 10
Original post by Who?Knows
I promised myself I would. Someone did the same for me which is why it's such a big debate for me :redface:

They should at least be forced by law to phone the police/ambulance surely rather than stand there and laugh or video it to put on Youtube.


Can you not see how that would result in a lot of criminal trials of people who haven't committed any primary offences?

You'd get more people being prosecuted for "watching" than for mugging or whatever.
what about the people that are actually paid like the police, they need to fix up first imo
Reply 12
Original post by Olie
This, the idea that a completely innocent member of the public would be faced with a choice to either intervene and risk injury or worse to themselves or face prosecution, a potential lose lose situation, is utterly ludicrous. I never understand the people who moan at bystanders for not helping, as if they don't care. Its often not that they don't care, its more that they have no idea what they might get themselves into if they intervene.

Of course its admirable to intervene and put yourself at risk to help others, but that doesn't mean there's any shame whatsoever in not intervening considering this is real life we're talking about, not some film where everyone's a hero.


I concur completely with this. Maybe reward people more but certainly don't punish them. I personally would find it very hard to stand by & let someone get mugged as I'd want to intervene but I don't have a death wish
Original post by Who?Knows
For example if you see someone getting mugged or raped or drowning and you do nothing should you be punished by law?


The EU wouldn't let us.

They are the ones who approve and make laws for the UK.

You didn't know ?
Reply 14
morally, no, people aren't responsible for crime and crime control like policemen and vigilantes. if they don't want to report a crime, they shouldn't be beaten or fined into it. but pragmatically, I don't know. I simply don't know if I can put principle over consequentialism here. I probably can't; if there's evidence that somebody knew about 9/11, for example, and didn't alert the authorities, then that would be a reckless thing to do to give people the right to practically allow crimes to prevail in their intentions when they have every ability and reason to report it. they would practically be a party to the crime
(edited 10 years ago)
Original post by democracyforum
The EU wouldn't let us.

They are the ones who approve and make laws for the UK.

You didn't know ?


This law definitely exists in France, which last time I checked is a fully paid up member of the EU. Criminal law is not within the 'pillars' of the EU.
Reply 16
It's not enforceable and what use would it do

I think people who are bystanders feel guilty and cowardly, that's enough, other than an ineffective sentence for something they didn't directly do
Reply 17
No. Not even in the example a lecturer gave me 2 years ago, of a baby drowning in a pond. No way should bystanders be expected to intervene.
The only thing I wouldn't be strongly against is a requirement to report events, but if you were required to remain present, or report somewhere afterwards, I'd be against it again.
Reply 18
It would not be possible for most crimes, however you can still be charged for some crimes through an omission (a failure to act), however these offences aren't really in line with what you are suggesting.

You cannot expect everybody to be courageous and brave, although it is a great trait in a person you cannot convict somebody of a crime for not being brave.

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