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Good Samaritan
laws

The Genovese case

The Good Samaritan Law
Bystander Effect

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Case studies

The Bystander Effect

(seldom: "Genovese syndrome)

Case study for social psychology (textbooks, publications etc)

Queens Woman Is Stabbed

To Death in Front of Home
Thirty-Eight Who Saw Murder
Didn't Call the Police
March 14, 1964, Saturday

Kitty (Catherine
Susan) Genovese
1935- March 13, 1964

Phil Ochs:
Outside A Small Circle of Friends
1975 TV movie Death Scream
starring Raul Julia,
based on the murder of Genovese

Murdered by
Winston Moseley
(1935)
The story is more parable than fact Manning, R et al: "The Kitty
Brooklyn, NY, USA

Genovese murder and the social psychology of helping: The parable

3
of the 38 witnesses". American Psychologist 62 (6): 555562

Parable on the Good Samaritan (Luke 10:30-35)

30In

reply Jesus said: "A man was going down from

Jerusalem to Jericho, when he fell into the hands of
robbers. They stripped him of his clothes, beat him and
went away, leaving him half dead. 31A Priest happened to
be going down the same road, and when he saw the man,
he passed by on the other side. 32So too, a Levite, when
he came to the place and saw him, passed by on the other
side. 33But a Samaritan, as he traveled, came where the
man was; and when he saw him, he took pity on him. 34He
went to him and bandaged his wounds, pouring on oil and
wine. Then he put the man on his own donkey, took him to
an inn and took care of him. 35The next day he took out
two silver coins and gave them to the innkeeper. 'Look
after him,' he said, 'and when I return, I will reimburse you
for any extra expense you may have.
4

Duty to Rescue

USA:
There is no general duty to come to the rescue of
another; a person cannot be held liable for doing
nothing while another person is in peril. 2 exemptions:
(1)When a person creates a hazardous situation,
this creates a duty to rescue.
(2) When there is a special relationship" e.g. parents,
spouses, caregivers etc.

Good Samaritan Law

Goal: Protect those who serve others who are injured or ill.
Reduce bystanders hesitation for fear of being sued or
prosecuted for wrongful injury.
Canada 2008: Good Samaritan doctrine = Legal Principle prevents
rescuer who voluntarily helped a victim in distress from being sued
for wrongdoing.
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It would be misleading, therefore, to interpret the lack of judicial punishment in
Jewish law for the innocent bystander who fails in his duty to come to the rescue
of his fellow man in distress as indicating that the duty is merely moral. Rather
Jewish law views such failure as nonfeasance, a formal offense of inaction
(delictum mere omissivum) where action is a duty required by law.
(Aaron Kirschenbaum)

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The Good Samaritan (Luke 10:30-35)

30In

reply Jesus said: "A man was going down from

Jerusalem to Jericho, when he fell into the hands of robbers.
They stripped him of his clothes, beat him and went away,
leaving him half dead. 31A Priest happened to be going down
the same road, and when he saw the man, he passed by on
the other side. 32So too, a Levite, when he came to the place
and saw him, passed by on the other side. 33But a Samaritan,
as he traveled, came where the man was; and when he saw
him, he took pity on him. 34He went to him and bandaged his
wounds, pouring on oil and wine. Then he put the man on his
own donkey, took him to an inn and took care of him. 35The
next day he took out two silver coins and gave them to the
innkeeper. 'Look after him,' he said, 'and when I return, I will
reimburse you for any extra expense you may have.

Educational story, but NO legal implication

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Hermann L. Strack & Paul Billerbeck Kommentar zum Neuen Testament aus
Talmud und Midrasch, Muenchen, 1922. Matth 10,5 Seite 538-560.
Jacob Mann Jesus and the Sadducean Priests: Luke 10.25-37, Jewish Quarterly
31
Review (6)1915-16, page 415-422.

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Parable on the Good Samaritan

Educational / moral story,
NO legal obligation

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Parable on the Good Samaritan

Educational / moral story,
NO legal obligation

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The Genovese case

The Good Samaritan Law
Bystander Effect

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Case studies

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BIBLIOGRAPHY
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Kirschenbaum, Aaron: The Bystanders Duty to Rescue in Jewish law. Journal of
Religious Ethics 8,2 (1980) 204-226.

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