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Duty to act after using weapon

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daleemt:
As a Volunteer EMT we had a discussion at our drill the other night, we have a number of CCW carriers on the department, We have all the laws about  no weapons in station on squad etc. set in our SOPS, A question came up about Our "Duty to Act" If you were forced to use your legally carried weapon, would you have a "Duty to act " to help that person you just shot?    Some members said the scene is not safe so do not render aid. some a conflict of intrest, Now the "duty to act" law is a little grey some say if you are a paid professional you have to help but as a volunteer you do not.   I worry about what others  who were at the scene might interpit  as life saving effort's, as trying to kill the person by hand.                                                                                                                                             

A-FIXER:
Would not the '' Good Samitarin Law Apply'' being that were still human beings if not compassion to do the moral thing then one could question if a christian would I stand accountable for this crime against Gods creation and be judge according to one action, again as a christian and to stand before Christ for final judgement.

bullit:
The short answer IN MY OPINION and MY THOUGHTS is an emphatic no ... "Duty to Act" seems to be an oft used phrase, but I've never seen a definitive law compelling such or noted in any department's SOP (please quote if you guys have one).  Seems to be among the annals of Urban Legends in the Emergency Responder community.  The courts have determined time and again that Law Enforcement has no legal duty to protect you.  As a doctor myself, nothing compels me LEGALLY to save or assist in saving a life. May get sued for not attempting to, but no legal offense committed.  The same I will assume would apply to Emergency Responders.
 Off duty (paid or volunteer) the totality of the circumstances should should be considered.  Even a lone LEO (a smart one that is) is not going to attempt to arrest, much less render aid to a downed suspect without backup.  In your training as an EMT, I bet your SOP stresses security of the scene FIRST and FOREMOST whether fire, MVA, natural disaster, GSWs, whatever.  Same would apply here....YOUR safety and the safety of innocents precludes you risking your life on someone possibly playing "possum".  That being said, I encourage my students to be the first to call 911 or request a bystander to immediately do so and request an ambulance.  This will only enhance your defense in court as attempting to be "on the side of the angels."
Final two things to consider, you may get sued in civil court for not rendering aid (more likely for shooting the BG), but hey you are still alive (and another reason Nebraska needs to enhance its self defense law) and secondly is ask yourself ..... is maintaining your EMT license under the fear of revocation for failure to render aid or your life more important?

bullit:

--- Quote from: A-FIXER on March 17, 2013, 11:31:27 AM ---would I stand accountable for this crime against Gods creation and be judge according to one action, again as a christian and to stand before Christ for final judgement.
--- End quote ---

Not certain what you mean by the term "crime".  What "crime" did you the innocent commit?  The Old Testament "heroes" never rendered aid when God commanded them to obliterate the wicked.  You approach a downed BG and you may get to stand before Jesus a little earlier than planned....

daleemt:
Would tend to agree, A person would have just went through a very stressful situation I think I would call 911 explain the situation, follow orders from dispatch, and wait for LE

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