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  1. #11
    Join Date
    Aug 2007
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    3,837

    Default Re: Failure To Report A Crime

    Quote Quoting blueeagle
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    He said that the police did question him about the offence, but he lied and said he didn't see anything. Eventually one of the theives confessed, and admited my co-worker knew about it and didn't report it. This is why he was arrested.

    I think he said it was 1990...

    Thanks for the input. I had never heard of somebody getting in trouble just for not reporting a crime though

    You think that is something, under federal law, even answering NO, when asked by a federal agent if you committed a crime, and you actually did, is a crime "in and of itself".

    This is known as the "exculpatory no" doctrine, but is is not a defense to the charge that you had a constitutional right to deny it when you in fact did it.


    http://www.law.cornell.edu/supct/html/96-1579.ZS.html


    I am not familiar with this doctrine/maxim on any state level though.

  2. #12
    Join Date
    Aug 2007
    Location
    Texas/Tejas
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    1,878

    Default Re: Failure To Report A Crime

    Quote Quoting BOR
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    You think that is something, under federal law, even answering NO, when asked by a federal agent if you committed a crime, and you actually did, is a crime "in and of itself".

    This is known as the "exculpatory no" doctrine, but is is not a defense to the charge that you had a constitutional right to deny it when you in fact did it.
    That is like wrong, man. What if the person is innocent, but the federal agent thinks hes guilty anyway?
    The only man that it is ok for another man to love is Jesus.

    When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car.

  3. #13
    Join Date
    Sep 2005
    Location
    California
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    14,030

    Default Re: Failure To Report A Crime

    Quote Quoting blueeagle
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    That is like wrong, man. What if the person is innocent, but the federal agent thinks hes guilty anyway?
    The state would have to show that the person who lied to the officer knew or reasonably should have known that they were intentionally lying to or misleading the officer.

    If you do not want to say something, simply say so: "Sorry, I got nothin' to say, screw."

    But telling the big lie when you do indeed know the truth is a big no-no and can get you in to trouble.

    We use it for gang-related crimes all the time. It makes for good leverage against family members and cohorts who try to cover up their family member's wrongdoing. Sadly, some people are willing to go to jail to protect their lout of a relative or pal.


    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #14
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,878

    Default Re: Failure To Report A Crime

    Quote Quoting cdwjava
    View Post
    The state would have to show that the person who lied to the officer knew or reasonably should have known that they were intentionally lying to or misleading the officer.

    If you do not want to say something, simply say so: "Sorry, I got nothin' to say, screw."

    But telling the big lie when you do indeed know the truth is a big no-no and can get you in to trouble.

    We use it for gang-related crimes all the time. It makes for good leverage against family members and cohorts who try to cover up their family member's wrongdoing. Sadly, some people are willing to go to jail to protect their lout of a relative or pal.


    - Carl
    That does make sense. The police cannot force somebody to talk...
    The only man that it is ok for another man to love is Jesus.

    When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car.

  5. #15
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,030

    Default Re: Failure To Report A Crime

    Quote Quoting blueeagle
    View Post
    That does make sense. The police cannot force somebody to talk...
    You're right. But, when they do talk - and they LIE - then they can be charged.

    And, they often DO lie ... they provide alibis that are no true ("he was with me all night," etc.).

    The crime is NOT a refusal to talk, but to intentionally mislead.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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