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MLeake · August 22, 2011, 10:46 AM

There's not really a clear-cut answer, in my opinion. I'm not a LEO, so I don't have a legal duty, per se, to intervene. That said, my personality type is such that if I could help, I would want to do so.

The following would be factors in the decision matrix:

1) Am I with anybody else for whom I am responsible, and if so, would assisting the victims put my people at risk? (Note: I am not counting my armed and capable friends in this part of the computation, as they are assets and not liabilities.)

2) Am I sure I know what's happening? Could it be that the guy getting beaten up just tried to mug a 94 year old WWII veteran, and the crowd caught him? (A 16yo in my area just got convicted of beating a 94yo WWII vet with a rock so badly that the old man has gone from living on his own to being stuck in an assisted living facility; the 16yo gets sentenced next week, and is eligible for 40 years - and I hope he gets every last one of them. The only reason for his brutal attack - an intended mugging.)

Under self-defense law in most of the US, if I defend a third party, then that third party would have to have been eligible for self-defense. If he was actually the instigator, I assume his liability by intervening on his behalf.

3) Is my read on the situation such that I think I can actually make a difference? I'm more interested in effectiveness than in making a last, glorious stand. It's entirely possible that in most cases I'll achieve more by dialing 911, than by directly intervening. BTW, military sentries are taught that whenever possible, they should call a situation in prior to engaging. If they don't, and they lose the encounter, the command gets no warning of whatever is coming.

4) Is the situation one where if I fire, I can do so without unacceptable increase in risk to bystanders and victims? If not, then again it is probably best to call 911.

5) How long will the response to the 911 call likely take? How likely are the victims to survive for that duration?

There are any number of other things one might consider, but to me these are the first to leap to mind.

Also, even if the decision to intervene is made, if at all possible make a 911 call first, or have a reliable person make it while you intervene.

August 22, 2011, 10:46 AM	#5
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	There's not really a clear-cut answer, in my opinion. I'm not a LEO, so I don't have a legal duty, per se, to intervene. That said, my personality type is such that if I could help, I would want to do so. The following would be factors in the decision matrix: 1) Am I with anybody else for whom I am responsible, and if so, would assisting the victims put my people at risk? (Note: I am not counting my armed and capable friends in this part of the computation, as they are assets and not liabilities.) 2) Am I sure I know what's happening? Could it be that the guy getting beaten up just tried to mug a 94 year old WWII veteran, and the crowd caught him? (A 16yo in my area just got convicted of beating a 94yo WWII vet with a rock so badly that the old man has gone from living on his own to being stuck in an assisted living facility; the 16yo gets sentenced next week, and is eligible for 40 years - and I hope he gets every last one of them. The only reason for his brutal attack - an intended mugging.) Under self-defense law in most of the US, if I defend a third party, then that third party would have to have been eligible for self-defense. If he was actually the instigator, I assume his liability by intervening on his behalf. 3) Is my read on the situation such that I think I can actually make a difference? I'm more interested in effectiveness than in making a last, glorious stand. It's entirely possible that in most cases I'll achieve more by dialing 911, than by directly intervening. BTW, military sentries are taught that whenever possible, they should call a situation in prior to engaging. If they don't, and they lose the encounter, the command gets no warning of whatever is coming. 4) Is the situation one where if I fire, I can do so without unacceptable increase in risk to bystanders and victims? If not, then again it is probably best to call 911. 5) How long will the response to the 911 call likely take? How likely are the victims to survive for that duration? There are any number of other things one might consider, but to me these are the first to leap to mind. Also, even if the decision to intervene is made, if at all possible make a 911 call first, or have a reliable person make it while you intervene.