Should a person be forced to report a crime committed by a family member?

[Fire_Medic_Dave]

Failure to report the crime would result in a $1000 dollar fine and/or 90 days in jail. If you don't mind please explain the rationale behind your decision.

[pipoman]

1. Dave

I am not familiar with anyone in any circumstance being forced to file charges against anyone. The state may pursue charges for a crime committed against a hostile prosecution witness, they may call that witness to the stand, if they refuse to be forthcoming may be treated as hostile.

[Fire_Medic_Dave]

2. Fixed it for you.

[pipoman]

3. I voted no,

because I get the analogy. I am in favor of accessory laws which are often waved in favor of testimony against the primary accused.

[OneTenthofOnePercent]

4. No. A person shouldn't be required to file a report for any crime.

Now if such a person is called to the stand as a witness or subpoenaed for a statement, then yes it is thier duty to report what they know.
But "police reports" are entirely voluntary.

In fact, if such a law passed I would make the police station speed dial #1 and report mundane minor shit ALL DAY long.

"Some guy is Jay Walking"
"A car just changed lanes with no signal"
"Some car just passed me and I'm doing exactly the speed limit."
"This guy downloaded an MP3 from thepiratebay"
"Some old broad was walking her dog and it shit in my yard... and she didn't pick it up!!!"
"Some person was shoplifting Qtips from the pharmacy earlier."
"My neighbor is watching Glenn Beck and using his talking points in front of impressionable children."
"My pork is still pink but Olive Garden disagrees"

[rfranklin]

5. Only if it prevents you from posting here...

nt

[Fire_Medic_Dave]

6. Don't you just love the big tent we have?

[Thothmes]

7. Voted Yes

would have no problem for turning in a family member for raping a minor child, beating a spouse, selling meth to school kids, scamming retirees,
robbing banks, murder for hire, driving under the influence. Would probably remain silent about speeding tickets and claiming charitably donated underwear was worth $500 on their income tax.

[kaylynwright]

8. If it's hurting someone

A teacher I had was planning to make sure her brother stayed in jail for the rest of his life after he shot and killed her son and nephew. Why wouldn't someone turn in a family member if it's something serious?

[Fire_Medic_Dave]

9. The question is should they be required by law to report the crime.

[Hoopla Phil]

10. NO!

[tortoise1956]

11. HELL NO!

Personally, I would feel morally bound to report reprehensible acts by anyone, no matter who they are.

HOWEVER:
I disagree with the State forcing individuals to report crimes, since I don't trust the State. Here in Nevada, a woman advertised on Craigslist that she would clean, run errands, or transport people. The local authorities called her and arranged for a ride to the airport. When she picked the agent up, she was arrested for running a transport service without a license. She ended up pleading guilty. The kicker? She was doing this because she had lost her job, her house, and a car, and she was trying to earn some money to live on.

When the State can get away with this sort of crap, there's no limit to how far they might go. I vote NO!

[AtheistCrusader]

12. You realize you are already compelled to report any felony you witness right?

Spouses might get away with not reporting under the fifth amendment, but other forms of family members are probably on the hook. Courts have varied somewhat on this, so mileage may vary. Misdemeanors are never required, to my knowledge, only felonies. Most states have a statute on this, and there is a federal statute as well. Ohio's for example:


CHAPTER 2921 OFFENSES AGAINST JUSTICE AND PUBLIC ADMINISTRATION
§ 2921.22. Failure to report a crime or knowledge of a death or burn injury.

(A) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.




Spouses are not required to testify against each other, and are protected from self incrimination under the fifth as if they were a single entity. But other family members are not.

[Fire_Medic_Dave]

13. I was thinking more in terms of items likely stolen by a family member with a drug problem.

[AtheistCrusader]

15. I don't see how it would matter. Sub-felony, witnesses discretion. Felony, must report.

If I have a family member with a drug problem that results in the theft of big ticket items like a firearm, reporting the crime might well be that person's first step to recovery.

Not that any of my firearms are stored in a manner that makes it more likely a family member might be able to steal one.

[Fire_Medic_Dave]

17. What is the penalty for not reporting a felony?

[AtheistCrusader]

18. Punishment varies.

I can't find the federal statute at the moment, but I know i've linked it to this audience before.

Here's Texas, where it's a class A misdemeanor for failure to report an apparent felony assault. In the state of Texas, a class A is punishable by up to 1 year in the county jail and a maximum fine of $4,000.


CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION

§ 38.171. FAILURE TO REPORT FELONY.
(a) A person commits an offense if the person:
(1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and
(2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which:
(A) a reasonable person would believe that the commission of the offense had not been reported; and
(B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death.
(b) An offense under this section is a Class A misdemeanor.

[Fire_Medic_Dave]

20. So felony theft wouldn't count under that statute? I realize there may be others.

How many times do you know of anyone being prosecuted under this statute?

[AtheistCrusader]

21. Texas's statute appears to be felony assault only, Ohio and Washington do not specify

what type of felony (I assume state law felony, as the federal statue would apply to federal felonies).

I do not know when or if anyone has been prosecuted under these laws.

[slackmaster]

14. There's Dave again, posing questions that would cross a rabbi's eyes

[OneTenthofOnePercent]

19. But Tevye was not a rabbi? n/t

[gorfle]

16. I don't know.

I feel that people should morally report people who commit crimes so that justice can be served.

Should people be FORCED to do this? First of all, I don't know how you can force someone to do it. You can have punishments for people who are found to not have reported a crime they knew about, but this is after the fact. So I don't know how you can compel people to report crimes.

I know that spouses cannot be compelled to testify against each other already.

I guess I think people should report crimes based on their conscious, and the State should stay out of it.

I went back and voted "no regardless of the crime".

People should report crimes so that justice can be served, but it should be up to their individual consciousness to do so. If the people who observe the crime to not feel the crime deserves reporting than that should be their call as a member of society to make.