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There are a variety of reasons why no law in Florida makes the teens behavior illegal. With an in-depth look at the matter, the question of whether Florida law ought to change to cater to such issues can be debated, and an amicable solution can be reached. The current law in Florida does not make this behavior illegal, as there is no duty to rescue law and the stand your ground law could potentially protect the teens from any charges. There is significant debate about whether or not Florida law should be changed in this regard, as there are valid arguments on both sides.
The fact that Florida does not have a responsibility to rescue statute is a major reason why the kids actions are not prohibited. Bystanders would be required to act reasonably to assist someone in need, such as calling for assistance or attempting to rescue them, under a duty to rescue statute. According to Clark (2019), only a few states now have such a statute in effect, and Florida is not one of them. As a result, the teenagers, in this case, were not required by law to assist Dunn and were thus not subject to criminal prosecution for their inaction. Floridas stand your ground legislation is another possible explanation for why the kids actions are not against the law.
Finally, it is likely that the prosecutors office chose against pressing charges in this instance because they thought that, although being abhorrent, the youths acts did not constitute a crime. This could be because Florida does not have a responsibility to rescue statute and because the teenagers did not directly cause Dunns death. While some individuals think the legislation as it is now is sufficient to protect those who are in need, others feel that it should be changed. According to Clark (2019), one justification for modifying Florida law is that it does not adequately safeguard those who are in need of assistance. According to Clark (2019), bystanders are not legally obligated to act reasonably to assist someone in need, even if they are able to do so, because there is no duty to rescue statute. The stand your ground statute, which permits people to use lethal force in self-defense if they reasonably think that they are in danger, might be used to defend against inactivity in situations like these. This statute has generated debate since it has been used to defend against certain shootings that many people do not think were self-defense at all. The present Florida statute is sufficient, which is another justification for not altering it.
In conclusion, Jamel Dunns Florida drowning shows the difficult discussion over whether the states statute regarding the rescue obligation needs to be altered. There are strong cases for both sides of the debate, and there is no simple solution. In the end, the choice of whether or not to amend the legislation is a difficult one that should be well thought through by all the concerned parties.
Reference
Clark, E. (2019). Enforcement of the Americans with disabilities act: Remedying abusive litigation while strengthening disability rights. Wash. & Lee J. Civ. Rts. & Soc. Just., 26, 689. Web.
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