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View Full Version : If a person witnesses a crime or knows that a crime is going to be commited


ShyGuyInChicago
September 5th, 2010, 01:32 PM
In such an occasion, should people who witness a crime or know that a crime is going to be committed be required by law to report it especially if it is violent such as an assault or a rape and/or the victim is a minor?

Do they a moral obligation to report such crimes?

If they are required by law and do not report it, what should their punishment be?

Should they be charged as an accomplice/accessory?

Should they be charged with obstructing justice or withholding evidence?

Why or why not?

Sage
September 5th, 2010, 03:03 PM
Do they a moral obligation to report such crimes?
Depends on the crime and the relationship of the criminal to the person. Personally, I'd let a lot of things slide.

If they are required by law and do not report it, what should their punishment be?
I don't think there should be a punishment because I don't think they should be required by law to report things. I am not going to police my own peers.

Should they be charged as an accomplice/accessory?
No. That'd be thought crime.

Should they be charged with obstructing justice or withholding evidence?
No. Again, that'd be thought crime. They've done nothing wrong.

Why or why not?
See above.

ShyGuyInChicago
September 5th, 2010, 03:30 PM
Plus, keep in mind that people in educational and medical fields are generally required to report cases of child abuse if they know about it or suspect it. Is that right as well? How is that punishing someone for their thoughts.

Plus you may have heard of the gang rape of a 15 year old girl outside of her homecoming dance last October in California. Lots of people watched but they could not be charged because watching was not considered to be encouraging the crime. Also in California if one witnesses a child of a certain age being sexually victimized they are required by law to report it and the girl in this case was not covered because she was too old. A bill has been introduced in California that will require people to report all witnessed events of sex crimes regardless of the victim's age. The proposed penalty for breaking that law is 6 months in jail.

Sage
September 5th, 2010, 03:33 PM
Plus, keep in mind that people in educational and medical fields are generally required to report cases of child abuse if they know about it or suspect it. Is that right as well? How is that punishing someone for their thoughts.

Plus you may have heard of the gang rape of a 15 year old girl outside of her homecoming dance last October in California. Lots of people watched but they could not be charged because watching was not considered to be encouraging the crime. Also in California if one witnesses a child of a certain age being sexually victimized they are required by law to report it and the girl in this case was not covered because she was too old. A bill has been introduced in California that will require people to report all witnessed events of sex crimes regardless of the victim's age. The proposed penalty for breaking that law is 6 months in jail.

From a legal standpoint I wholeheartedly stand by everything I said. You cannot punish someone for their thoughts and the knowledge located in their mind. Needless to say, from a moral standpoint, in severe cases like that I think one is obligated to speak up about it because they hold the power to put an end to something terrible.

ShyGuyInChicago
September 5th, 2010, 03:43 PM
From a legal standpoint I wholeheartedly stand by everything I said. You cannot punish someone for their thoughts and the knowledge located in their mind. Needless to say, from a moral standpoint, in severe cases like that I think one is obligated to speak up about it because they hold the power to put an end to something terrible.

OK ignoring the main questions for a moment do you think watching someone get raped should be illegal and is tantamount to encouraging and being an accomplice to such a crime?

Sage
September 5th, 2010, 03:46 PM
OK ignoring the main questions for a moment do you think watching someone get raped should be illegal and is tantamount to encouraging and being an accomplice to such a crime?

A man breaks into a house and rapes a single mother while her defenseless children are forced to watch in the same room. It's happened. Such cases make laws like the one just proposed asinine and unjust in the highest degree.

ShyGuyInChicago
September 5th, 2010, 03:50 PM
A man breaks into a house and rapes a single mother while her defenseless children are forced to watch in the same room. It's happened. Such cases make laws like the one just proposed asinine and unjust in the highest degree.

I meant where a person has the choice to watch or not.

Sage
September 5th, 2010, 03:53 PM
I meant where a person has the choice to watch or not.

Then I still stand by what I said but will clarify further. From a legal standpoint, if all they have done is watched, they are not obligated to report it as they have committed no crime. Holding the woman down into submission for the rapist, helping the rapist break into a building of some sort, those sorts of things, are criminal acts, and so that person would be an accomplice. And while I feel that merely watching and nothing more is legally acceptable, it is not morally acceptable.

I underline these two terms because I cannot stress their importance enough to avoid things I say being taken completely out of context here.

INFERNO
September 6th, 2010, 06:46 PM
It is within every person's civil duty to obey the law, which does include reporting that a crime has happened. They shouldn't be charged as an accessory because they didn't help the crime get committed. If they knew it was going to happen then they should report it depending on the amount of proof they have. If they suspect it or had a vision or dream about it, then I wouldn't but if they had audio recordings of a plan, then they should. I'm emphasizing serious crimes because reporting about a minor petty crime causes more damage than the actual crime itself would probably cause. I don't think though that watching it should be considered as encouraging the crime, especially if the criminal is unaware of you watching them.

Sage
September 6th, 2010, 09:40 PM
It is within every person's civil duty to obey the law,
Not if the law is unjust that is.

ShyGuyInChicago
September 10th, 2010, 10:37 PM
Then I still stand by what I said but will clarify further. From a legal standpoint, if all they have done is watched, they are not obligated to report it as they have committed no crime. Holding the woman down into submission for the rapist, helping the rapist break into a building of some sort, those sorts of things, are criminal acts, and so that person would be an accomplice. And while I feel that merely watching and nothing more is legally acceptable, it is not morally acceptable.

I underline these two terms because I cannot stress their importance enough to avoid things I say being taken completely out of context here.

I do not think it would be a bad thing if the law is changed. It could help curtail crimes and prevent perpetrators from never being prosecuted.