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You're technically right (I think). However, I believe if you witness a murder and know the murderer and the police asks you: "Do you know anything about X mur

You're technically right (I think). However, I believe if you witness a murder and know the murderer and the police asks you: "Do you know anything about X murder?" Then I think you're legally required to tell the truth here.

throwadobe 2y ago
> Then I think you're legally required to tell the truth here. Or you can just not respond, at least in the US. https://en.wikipedia.org/wiki/Self-incrimination https://en.wikipedia.org/wiki/Self-incrimination
- Infinity315 2y ago
  I don't think it's necessarily self-incrimination to report a crime you witnessed, though I think it's dependent based on the time from when it occurred to the time of reporting.
- qingcharles 2y ago
  That only applies if you're the defendant. If you're the witness to a murder and you're subpoena'd to court and refuse to testify then you are committing contempt of court. There was a guy in Illinois who got 20 years (reduced to 6 on appeal) for refusing to testify in a murder. https://illinoiscaselaw.com/clecourses/contempt-of-court-maximum-penalty/ https://illinoiscaselaw.com/clecourses/contempt-of-court-max... Contempt of court usually has no boundaries on the punishment, nor any jury trials. A judge can just order you to be executed on the spot if you say, fall asleep in his courtroom. Sheriffs in Illinois have the same unbridled power over jail detainees.
  - whimsicalism 2y ago
    i think in actual practice you will rarely get contempt for refusing to testify or taking the fifth for questions that could only tenuously implicate yourself in practice.
    - qingcharles 2y ago
      Usually if you let the prosecutor know up-front that you're not willing to cooperate they will tend to save themselves the hassle of trying. It can go wrong if they subpoena a belligerent witness, then they don't turn up on the day they're supposed to testify, and now the jury is empaneled and they start doing a dance where they demand the sheriff finds the witness, but then the clock runs out on holding the jury and it's a mistrial all round.
  - throwadobe 2y ago
    That guy needed a better lawyer. He could just have said "I don't remember. Can't say for sure" repeatedly
    - qingcharles 2y ago
      Yes, "I don't recall" is the oft-heard phrase in the witness stand. I don't remember the specifics of that case and why the guy decided to martyr himself.
- Avamander 2y ago
  Such laws exist in most countries. I'm not aware of any that provide such a right to business entities though.
antimemetics 2y ago
I think in most modern democracies you aren’t legally required to tell the police anything. Courts are a different case though.
- lxgr 2y ago
  As a suspect. At least in court, as a completely non-involved bystander you have no right of refusal to testify in most jurisdictions. Not sure whether that extends to police questioning though.
  - antimemetics 2y ago
    It doesn’t extend to police questioning, i also pointed out it’s a different thing when you are in a court. For the police an innocent bystander can turn into a suspect real fast.
- skissane 2y ago
  The English common law tradition has a crime called “misprision”. Misprision of treason is the felony of knowing someone has committed or is about to commit treason but failing to report it to the authorities. It still exists in many jurisdictions, including the UK, the US (it is a federal crime under 18 U.S. Code § 2382, and also a state crime in most states), Australia, Canada, New Zealand and Ireland. Related was the crime “misprision of felony”, which was failure to report a felony (historically treason was not classed as a felony, rather a separate more serious category of crime). Most common law jurisdictions have abolished it, in large part due to the abolition of the felony-misdemeanour distinction. However, in the US (which retains that distinction), it is a federal crime (18 U.S. Code § 4). However, apparently case law has narrowed that offence to require active concealment rather than merely passive failure to report (which was its original historical meaning) Many of the jurisdictions which have abolished misprision of felony still have laws making it a crime not to report certain categories of crime, such as terrorism or child sexual abuse
marcinzm 2y ago
If someone says I need a cab for after I rob a bank and you give them a ride after waiting then you’re almost certainly an accessory. If they flag a random cab off the street then not.
mr_toad 2y ago
Depending on the jurisdiction and the crime and the circumstances an act of omission (like ignoring a murder) would be suspicious and may get you charged with aiding and abetting.

throwadobe 2y ago

> Then I think you're legally required to tell the truth here. Or you can just not respond, at least in the US. https://en.wikipedia.org/wiki/Self-incrimination https://en.wikipedia.org/wiki/Self-incrimination

Infinity315 2y ago
I don't think it's necessarily self-incrimination to report a crime you witnessed, though I think it's dependent based on the time from when it occurred to the time of reporting.
qingcharles 2y ago
That only applies if you're the defendant. If you're the witness to a murder and you're subpoena'd to court and refuse to testify then you are committing contempt of court. There was a guy in Illinois who got 20 years (reduced to 6 on appeal) for refusing to testify in a murder. https://illinoiscaselaw.com/clecourses/contempt-of-court-maximum-penalty/ https://illinoiscaselaw.com/clecourses/contempt-of-court-max... Contempt of court usually has no boundaries on the punishment, nor any jury trials. A judge can just order you to be executed on the spot if you say, fall asleep in his courtroom. Sheriffs in Illinois have the same unbridled power over jail detainees.
- whimsicalism 2y ago
  i think in actual practice you will rarely get contempt for refusing to testify or taking the fifth for questions that could only tenuously implicate yourself in practice.
  - qingcharles 2y ago
    Usually if you let the prosecutor know up-front that you're not willing to cooperate they will tend to save themselves the hassle of trying. It can go wrong if they subpoena a belligerent witness, then they don't turn up on the day they're supposed to testify, and now the jury is empaneled and they start doing a dance where they demand the sheriff finds the witness, but then the clock runs out on holding the jury and it's a mistrial all round.
- throwadobe 2y ago
  That guy needed a better lawyer. He could just have said "I don't remember. Can't say for sure" repeatedly
  - qingcharles 2y ago
    Yes, "I don't recall" is the oft-heard phrase in the witness stand. I don't remember the specifics of that case and why the guy decided to martyr himself.
Avamander 2y ago
Such laws exist in most countries. I'm not aware of any that provide such a right to business entities though.

antimemetics 2y ago

I think in most modern democracies you aren’t legally required to tell the police anything. Courts are a different case though.

lxgr 2y ago
As a suspect. At least in court, as a completely non-involved bystander you have no right of refusal to testify in most jurisdictions. Not sure whether that extends to police questioning though.
- antimemetics 2y ago
  It doesn’t extend to police questioning, i also pointed out it’s a different thing when you are in a court. For the police an innocent bystander can turn into a suspect real fast.
skissane 2y ago
The English common law tradition has a crime called “misprision”. Misprision of treason is the felony of knowing someone has committed or is about to commit treason but failing to report it to the authorities. It still exists in many jurisdictions, including the UK, the US (it is a federal crime under 18 U.S. Code § 2382, and also a state crime in most states), Australia, Canada, New Zealand and Ireland. Related was the crime “misprision of felony”, which was failure to report a felony (historically treason was not classed as a felony, rather a separate more serious category of crime). Most common law jurisdictions have abolished it, in large part due to the abolition of the felony-misdemeanour distinction. However, in the US (which retains that distinction), it is a federal crime (18 U.S. Code § 4). However, apparently case law has narrowed that offence to require active concealment rather than merely passive failure to report (which was its original historical meaning) Many of the jurisdictions which have abolished misprision of felony still have laws making it a crime not to report certain categories of crime, such as terrorism or child sexual abuse

marcinzm 2y ago

If someone says I need a cab for after I rob a bank and you give them a ride after waiting then you’re almost certainly an accessory. If they flag a random cab off the street then not.

mr_toad 2y ago

Depending on the jurisdiction and the crime and the circumstances an act of omission (like ignoring a murder) would be suspicious and may get you charged with aiding and abetting.