ducklite said:
She could try, although I can't imagine a prosecutor persuing charges against an individual who steped in to help the victim of a physical assault. In some states there are various good samaritan laws that would protect the person who intervened.
First of all, in some areas it can take five minutes or more for police to arrive. Police can detain on most misdemeanors and all felonies based on witness statements, generally without a warrant. They do not need to see the crime occur. From that point evidence including witness and victim statements and physical evidence are gathered and an arrest is made.
Anne
My main point was that the OP & his mom did
something, they did intervene, they did stop the abuse.
I admit my ignorance of most legal matters. When I posted about what a police officer would do I was thinking about when I witness someone endangering others with their driving (severe tailgating, harassing others on the road by the actions, etc) and when I call in to report it, I have been told that nothing can really be done unless an officer witnesses it. That's what I was thinking of...and of course, Good Samaritan laws would cover many liability issues when a bystander stops to render aid to an accident/crime victim.
As to the witness statements...these are the same people who stood by, watched and did nothing, letting this person continue to beat the child. I don't hold out a lot of faith that they would be willing to even give witness statements, they probably would not want to "get involved".
The physical evidence & a statement from whomever gets the police, whoever stops the beating...that would probably have to do.
And if this person is unbalanced enough to beat on a child in public, she probably would be unbalanced enough to attack anyone...with her fists or with a gun or with any type of weapon...who puts their hands on her and stops her. It is not so much the fear of being arrested as the fear of putting myself in harm's way.
If I witnessed this? I *think* I would try to first stop the beating without physically touching the offender - getting someone to call 911 while doing so - and I would try to somehow detain this person without physically harming her until authorities arrive, keeping the offender and the victim there until police get on the scene. If the offender leaves or starts to leave I would get any information I could about her & her vehicle. I would take pictures with a video phone or a camera if I had one with me, of the bystanders, of the offender and of the victim. I would try to ask everyone/anyone for their contact info.
Kitty Genovese was a long time ago, but people haven't really changed. It is so sad that some feel that they have to beat up on those who are smaller, who can't fight back...I'm sure I cannot even begin to imagine the horrors that must happen to that little girl when she's alone with this being.
agnes!
