Floridians
In July 2017 Floridians, and soon the rest of the world, became fired up with outrage when learning that a group of teens had filmed a disabled man drowning. While Jamel Dunn was fighting for his life in a lake, the teens laughed, ridiculed him, and recorded the event on their smartphones for their own perverse entertainment. They displayed a marked unwillingness to help him or notify the authorities. Afterward, they posted the video on social media and went on with their lives. Dunn’s body wasn’t found until three days later. Florida prosecutors were skimming the case for possible legal violations but ultimately decided not to press charges, as no law in Florida regulates this kind of behavior.
Why do you think that no law in Florida makes the teens’ behavior illegal? Do you think Florida law ought to change in this regard? Why/why not?
Sample Solution
There are a couple of reasons why Florida law, at the time of the incident (2017), didn't classify the teens' behavior as illegal:
- No Duty to Rescue: Generally, in the US, there's no legal obligation to intervene in someone else's crisis. This means bystanders, including the teens in this case, have no legal duty to help a drowning person or call for assistance.
- Focus on Acts, Not Omissions: Laws typically address actions, not inactions. The teens' act of recording the incident isn't directly responsible for Dunn's death.
Should the Law Change?
There are arguments for and against changing the law:
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Arguments for Change:
- Ethical Concerns: The teens' behavior displayed a cruel indifference to human life. A law could deter such behavior and encourage intervention in emergencies.
- Moral Hazard: Knowing there's no legal consequence could discourage people from helping in similar situations.
Full Answer Section
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Arguments Against Change:
- Difficult to Enforce: Creating a law that compels people to help in emergencies could be difficult to enforce and open to interpretation.
- Good Samaritan Laws Exist: Many states have Good Samaritan laws that protect people who render aid in good faith from lawsuits if something goes wrong.
Conclusion
The case sparked outrage and debate about bystander responsibility. While there are arguments for changing the law to address such callous behavior, enforcing such a law and potential infringements on individual freedoms are considerations. Florida did move forward with charging the teens with a misdemeanor for failing to report a death, highlighting the importance of at least notifying authorities in these situations.