boltbender
Member
Question: BG pulls a knife, demands money & watch. You produce firearm. BG runs off. Would you call PD?
As I mentioned in the other thread, at least in WA it is a gross misdemeanor not to report a violent crime, or an attempt at such, which a robbery is. I'm sure other states have similar statutes.
The Supreme Court has not completely abandoned the duty to report criminal activity. In Roberts v. United States, 445 U.S. 552, 100 S. Ct. 1358, 63 L. Ed. 2d 622 (1980), the High Court held that a court can increase a criminal defendant's sentence if the defendant refuses to cooperate with government officials investigating a related crime. Also, a journalist who has knowledge of a crime may be compelled to reveal the source of that knowledge (Branzburg v. Hayes).
The federal misprision of felony statute remains on the books, but the crime rarely has been prosecuted. On the state level, most states have either abolished or refused to enact misprision of felony laws. South Carolina is the only state that has prosecuted the misprision of a felony.
In State v. Carson, 262 S.E.2d 918, 274 S.C. 316 (1980), Isaac E. Carson, the EYEWITNESS to a murder, refused to give law enforcement authorities information regarding the murder because he feared for his life if he cooperated with authorities. Carson was prosecuted and convicted of misprision of felony and sentenced to three years in prison.
The prosecution of Carson was based on the COMMON LAW. South Carolina did not have a misprision of felony statute. Instead the prosecution relied on title 14, chapter 1, section 50, of the Code of Laws of South Carolina. Under this statute the common law of England continues in effect in South Carolina. On appeal by Carson, the Supreme Court of South Carolina affirmed the conviction. According to the court, the prosecution was valid because misprision of felony was a crime at common law in England and because the South Carolina legislature had not taken steps to repeal the common-law crime of misprision of felony.
The crime of misprision of felony is similar to the crime of acting as an ACCESSORY after the fact because both crimes involve some affirmative act to conceal a crime. Two basic differences are that the crime of misprision is committed even if the defendant does not give aid to the criminal and misprision is committed only if the underlying crime is completed.
Read more: Misprision - Further Readings - Crime, Felony, Law, Court, Duty, and Statute http://law.jrank.org/pages/8605/Misprision.html#ixzz1Akn70ReY
Yes because I hate thieves and more so because of this^No duty to report, but it's better to tell your side, before the BG calls and says that some dude just pulled a gun on HIM