An interesting set of questions are raised by that tragic incident. For example, what if any recourse should there be within the criminal law? As a civil law matter, should the law provide a cause of action for victims of on-looker offenses? For example, should tort law have a unique carve out for particular kinds of on-looker crimes, such as sexual abuse and rape? Might the law have a unique role in disincentivizing on-looker participation by allowing victims to recover against on-lookers? These questions are complicated by the fact that we typically abjure rescue in American jurisprudence, and as in this case, recovery in tort could be slim as the on-lookers may well be poor. MBG
An interesting set of questions are raised by that tragic incident. For example, what if any recourse should there be within the criminal law? As a civil law matter, should the law provide a cause of action for victims of on-looker offenses? For example, should tort law have a unique carve out for particular kinds of on-looker crimes, such as sexual abuse and rape? Might the law have a unique role in disincentivizing on-looker participation by allowing victims to recover against on-lookers? These questions are complicated by the fact that we typically abjure rescue in American jurisprudence, and as in this case, recovery in tort could be slim as the on-lookers may well be poor. MBG
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