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  • Essay / The Disadvantages of the Good Samaritan Law and Its Solution - 990

    On March 13, 1964, a woman named "Kitty Genovese" was stabbed by a psychopathic stranger on the street near her home in New York. As she was brutally murdered over 35 minutes, 38 neighbors witnessed the crime scene. Despite his desperate plea for help, none of them had offered to help. Even after the criminal left, only one neighbor called the police, but by the time the police arrived, she was already dead. This incident is well known as "Genovese syndrome", which refers to a social phenomenon in which a person is less likely to offer help to another person in danger. It is also known as the “bystander effect” and is a serious problem in a modern society where individualism is becoming widespread among individuals. The Good Samaritan law is legislated to punish bystanders and protect members of society. Despite its positive aim, spectators should not be punished by this law, as it undermines the principles set out in the law, imposes a burden on society and is not a fundamental solution. First of all, the Good Samaritan law is an invasion of principles. which are protected by law. This violates the Eighth Amendment human rights. According to the United States Constitution, the Eighth Amendment protects against unusual punishment. With the exception of the Good Samaritan law, no such law punishes people who have done nothing to provoke criminal acts. Laws are there to punish those who commit crimes, not the witnesses. Since the Good Samaritan law punishes these innocent witnesses, this would be an unusual punishment. Additionally, it is an intrusion on the Fourteenth Amendment right to privacy. As stated in the U.S. Constitution, the Fourteenth Amendment protects “the middle ground of paper…and relief to victims sincerely motivated by their own will.” Therefore, through rehabilitation, there would be a lower recidivism rate and higher morality than before, making society a worth living place. The bystander effect is a serious problem in our society, and something needs to be done to solve it. There have been attempts to solve this problem, and one of them is the Good Samaritan law. Although its aim is to prevent the bystander effect, bystanders should not be punished by law because it infringes on the principles of the constitution, it imposes a burden on society and it does not fundamentally solve the problem . Rather, the solution should be rehabilitation, which would not only solve the bystander effect, but also raise the level of people's moral standards. After all, it seems that rehabilitation is the best solution to replace the Good Samaritan law..