Bystander Interventions

73 Pages Posted: 18 Aug 2015 Last revised: 25 Jan 2016

See all articles by Sarah Lynnda Swan

Sarah Lynnda Swan

Rutgers, The State University of New Jersey - Rutgers Law School

Date Written: August 31, 2015

Abstract

Bystander intervention strategies are emerging as a popular proposed solution to complex social problems like bullying in schools and online, sexual misconduct on college campuses, and harassment in the workplace. As the name suggests, bystander intervention initiatives encourage individuals who witness such harms to adopt an active, interventionist approach in stopping them. For example, a teenager who sees another student being bullied on a website, a college student who observes a heavily intoxicated female student being led into a bedroom by a male companion, and a work colleague who overhears a sexist or racist joke are encouraged to either intervene to prevent a situation from escalating, or to report an incident after it has occurred. The belief that bystander interventions can combat these harms is so strong that in some instances, the implementation of bystander intervention initiatives is becoming legally required.

Ironically, at the same time as law is starting to require the implementation of bystander intervention initiatives, law also functions as an impediment to successful bystander intervention. First, while bystander intervention programs try to create a norm of intervention, most legal norms support non-intervention, giving rise to a “competing norms” problem most commonly resolved with inaction. Second, a lack of legal accountability for the surrounding institutions and organizations indirectly discourages bystander intervention. Finally, a perceived risk of liability associated with intervention immobilizes many bystanders. Unless these legal impediments are minimized, bystander intervention is unlikely to achieve its potential as a solution to social problems.

Suggested Citation

Swan, Sarah Lynnda, Bystander Interventions (August 31, 2015). Wisconsin Law Review, Vol. 2015, Available at SSRN: https://ssrn.com/abstract=2643030

Sarah Lynnda Swan (Contact Author)

Rutgers, The State University of New Jersey - Rutgers Law School ( email )

Newark, NJ
United States

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