From: Ebeling, Jr., Herman Frederick (hfebelingjr@lycos.com)
Date: Thu Jul 13 2006 - 16:40:01 EDT
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- ----Original Message----
From: Craig Wright [mailto:cwright@bdosyd.com.au]
Sent: Wednesday, 12 July, 2006 23:27
To: pen-test@securityfocus.com
Subject: Re: what to do it illegal activity found during pen-test
: Next comment;
: Good Samaritan laws are not applicable.
:
: A 'good Samaritan law' acts to protect a person who has acted in
: good faith from prosecution. It does not apply to situations that
: that do not help others directly. They are basically a "shield"
: that may be used to protect against a wrongful death claim. They in
: effect act as a form of estoppel and are a "shield not a sword" as
: with an equitable estoppel.
:
<Snip>
:
: If we take a copy of a (names changed to protect the guilty) charge
: sheet for failure to render assistance;
:
: Person X, the defendant in this case, has been charged with the
: crime of failure to render assistance.
: To prove that the defendant committed this crime, the state must
: prove beyond a reasonable doubt each of the following elements:
: (1) the defendant was involved in an accident while driving a
: vehicle; (2) the accident resulted in injury to or the death of
: another person; (3) at the time the accident occurred, the
: defendant knew (his) (her) vehicle was involved in an accident;
: (4) the defendant either knew of the injury or knew that the
: accident was of such a nature that one would reasonably anticipate
: that it resulted in injury to a person; and (5) the defendant did
: not render reasonable assistance to the injured person.
:
: See for example AS 28.35.060(a) & (c); Kimoktoak v. State, 584 P.2d
: 25, 32 (Alaska 1978).
: So basically these are all arguments which are unrelated to the
: issue of a discovery of any illegal activity.
: Regards,
: Craig
:
:
Craig,
Thank you, I thought that the Good Samaritan laws where there to
protect the lay person more then the professional who might stop and
render aid to an injured person.
- -----
Herman
Live Long and Prosper
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