TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P38

Gale Encyclopedia of American Law Volume 8 P38 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 358 RESCUE DOCTRINE conviction could not stand and the case was sent back to the lower court. In 1989 a California case raised the issue of when rescue is defensible. On November 5 1986 Ronald J. McIntosh landed a helicopter on the grounds of the Federal Correctional Institution at Pleasanton California and then flew off with his girlfriend Samantha D. Lopez who was being held as a prisoner there. McIntosh was later convicted of aiding Lopez s escape and two other felonies Lopez was convicted of escape. In a joint appeal they alleged that their offenses were necessary to save Lopez s life because she had been threatened by prison officials and was in immediate danger United States v. Lopez 885 1428 9th . 1989 . In fact such a defense called a necessity defense can excuse the otherwise criminal act of escape. The appeal alleged that the trial court had improperly instructed the jury as to the availability of this defense to both defendants. However in upholding their convictions the appellate court found that the trial judge committed no error in the instructions with respect to Lopez and only a harmless error where McIntosh was concerned. Under admiralty and maritime law rescue has another definition entirely It means recovering goods that have been forcibly taken by one vessel from another. The property in question is referred to as a prize and its rescue may be effected by reclaiming the property with force or by escaping. Generally such actions occur when two belligerent powers clash either in a limited dispute or at war. RESCUE DOCTRINE The principle that one who has through her negligence endangered the safety of another can be held liable for injuries sustained by a third person who attempts to save the imperiled person from injury. This doctrine is based on the idea that danger invites rescue. It also provides that one who sees a person in imminent and serious peril as the result of the negligence of another cannot be charged with contributory .

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