rotor wrote:Bernhard Goetz did the right thing but he was in the wrong state. I personally have been accosted by a group like this in the New York City subway system as a kid. Nobody helped and fortunately I wasn't hurt. At my age now though, I would be no match for those kids unarmed and if I did pull my gun I would have used it. My role though is to protect me and mine and I didn't get a LTC to protect you and yours. That's the job of the police.
The Supreme Court of the United States begs to differ:
https://en.m.wikipedia.org/wiki/Town_of ... ._Gonzales
The Supreme Court reversed the Tenth Circuit's decision, reinstating the District Court's order of dismissal. The Court's majority opinion by Justice Antonin Scalia held that enforcement of the restraining order was not mandatory under Colorado law; were a mandate for enforcement to exist, it would not create an individual right to enforcement that could be considered a protected entitlement under the precedent of Board of Regents of State Colleges v. Roth; and even if there were a protected individual entitlement to enforcement of a restraining order, such entitlement would have no monetary value and hence would not count as property for the Due Process Clause.
The general interpretation accepted by most legal scholars
and law enforcement agencies is that police do not have a
duty to protect. Since it is not part of their
duty, it is also not part of their
job. To the extent that an individual officer actually protects a victim from an assailant, that is on his/her own initiative. His
job is to intervene in, disrupt, and stop (in so far as is possible) any illegal behavior he observes......the operant word being "observes". If he didn't see it, he has no duty to protect you
from it. In the context of the above video, the officer is obliged to intervene in an illegal action he observes
while on that train car, but he has NO obligation to prevent that illegal action from happening
when he is not riding in that car where he can observe it taking place. The OBVIOUS inference is, "if there is no cop riding in the car, you're on your own".
Rotor, I actually do understand where you're coming from, but
surely you have your own personal list of exceptions, do you not......those exceptions which let you look at yourself in the mirror every morning? For instance, you're taking a walk through a public park, and on a secluded part of the trail you came upon an adult man sexually abusing a little girl, you'd interfere, wouldn't you? OR.... would you call 911 and observe from a safe distance, while the molestor has another 10-15 minutes with the girl before the cops show up?
One of the hallmarks of any
civilized society is that it protects its weaker members. A society that does not do that may still be a society, but it is not a
civilized society, with all the benefits of civilization.
Like a lot of the older members of this forum, I am limited in what I can do physically today, compared to what I used to be capable of. That does up the stakes. The escalation continuum gets shortened when you have fewer options. OTH, I feel like I would be compelled to do more than just call 911 in the above video. Nightmare69's suggestion to use pepper spray seems like a good option, although I don't know if deploying it inside the confines of a train car would be the best idea or not. Maybe exiting the car at the same station where the gang exited and using it there might be an idea to investigate. I'll have to think on it longer. But what I do know is that maybe it is time for me to look into OC spray for EDC, to give me another option besides having to shoot someone. Because also like he said, if you draw the gun, you'd better be prepared to use it. Drawing the gun may have the desired effect with a single person who is older, and maybe a little more street wise. But with a gang of teenagers? Egging each other on? Not a prayer. You pull the gun on that crowd, and Nightmare69 is right......you'll probably have to shoot someone, and are you ready for the legal consequences over protecting a stranger? It's a difficult choice to make, if you're a person with a conscience. I don't have all the answers, and I'm honestly not sure what I would have done in this situation.
The one thing I would NOT have been doing would be riding a DART train through Oak Cliff at midnight. I realize that not everyone has that choice, but I
do, and I choose to exercise it and avoid places/situations where the statistical probabilities of this kind of thing are higher than other places/situations.