Quote (Handcuffs @ Jul 25 2017 01:04pm)
That's a good point about the Good Samaritan Laws, and while although I can't say that I'm fully on-board with legal requirements to provide aid, I would certainly expect Good Samaritan Laws to be in place should there ever be a legal requirement to provide aid. Or, even if there isn't a legal requirement to do so, Good Samaritan Laws are beneficial for folks who would seek to provide aid regardless of the law.
As for your second point, I certainly don't have any good answers either. Such depraved indifference to human life is interesting, because I wonder whether the advances of technology result in people "striving" for more and new depraved stimulation, of if it's always been the case in the minds of people, and that technology is merely allowing for an index to be created to catalog what has always existed? I could see compelling arguments made for both sides, honestly.
The availability of knowledge and stimulus has pushed us further than we were able to go before. It has not changed us, it has merely given us a key to open a new door.
Quote (Handcuffs @ Jul 25 2017 12:59pm)
While I understand your first point about swimming ability and how this applies to this case, I am hesitant to embrace your second point about confidence with safety when contacting the authorities. Could that argument not be applied to all situations in which emergency services are needed to be contacted generally? Such as situations in which a crime is being committed? I can't reconcile that in my mind, especially because contacting emergency services can include things like calling for an ambulance (where, yes, police may still come) or even just giving an anonymous tip. There's, as far as I know, no legal requirement to stay in the vicinity after contacting emergency services.
At the same time, however, I don't think that time in jail or prison really does all that much to help in a situation like this. Of course, as a family member or loved one, you would be enraged, but I do think that feeling translates to a desire of punishment being equivalent to vengeance rather than justice. It's the same observation that's been made about the death penalty, really. Someone else in this thread mentioned punishment for a case like this being more about community service than time spent incarcerated, which I could get behind. The reality is that we have to accept that in situations like this there will never be a "completely just" reconciliation in the eyes of the family members, and that that's okay.
At minimum, I believe contacting aid should be a legal requirement, especially because there's the potential that emergency services may be able to arrive in time to save the person's life. While I'm sure that cases may end up being tricky in terms of figuring out if someone had a duty to contact aid or not, I figure that if maritime law has it set that people actually have to provide aid legally, and that they've been able to figure it out, that at the very least we can figure out cases where it's a legal requirement to contact aid.
The maritime community is a different situation because it can reasonably be assumed that everyone has a base competency if they are using a boat out on the ocean.