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	<title>Comments on: Failure to Report a Crime: Why We Should Punish Bystanders</title>
	<atom:link href="http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/feed/" rel="self" type="application/rss+xml" />
	<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/</link>
	<description>An International Online Editorial Magazine ■ Pittsburgh, PA, USA ■ Seoul, ROK</description>
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		<title>By: Billy Williams</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-11803</link>
		<dc:creator><![CDATA[Billy Williams]]></dc:creator>
		<pubDate>Tue, 29 Nov 2011 01:47:22 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-11803</guid>
		<description><![CDATA[Hi cinders,There is nothing that can be legally done against her just because she is an attorney,-I don&#039;t believe parents are under obligation to report their child being victimized but you should check the laws in your area &amp; i guess encourage her to report--Most importantly You should DEFINITELY report it to the police,-They can handle it from there,Good Luck.]]></description>
		<content:encoded><![CDATA[<p>Hi cinders,There is nothing that can be legally done against her just because she is an attorney,-I don&#8217;t believe parents are under obligation to report their child being victimized but you should check the laws in your area &amp; i guess encourage her to report&#8211;Most importantly You should DEFINITELY report it to the police,-They can handle it from there,Good Luck.</p>
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		<title>By: Billy Williams</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-11802</link>
		<dc:creator><![CDATA[Billy Williams]]></dc:creator>
		<pubDate>Tue, 29 Nov 2011 01:43:05 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-11802</guid>
		<description><![CDATA[I wouldn&#039;t expect or force anyone to help if it were a family member or friend of me,-To Each is own.]]></description>
		<content:encoded><![CDATA[<p>I wouldn&#8217;t expect or force anyone to help if it were a family member or friend of me,-To Each is own.</p>
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		<title>By: Billy Williams</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-11801</link>
		<dc:creator><![CDATA[Billy Williams]]></dc:creator>
		<pubDate>Tue, 29 Nov 2011 01:42:05 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-11801</guid>
		<description><![CDATA[I wouldn&#039;t want it to happen &amp; i never said you shouldn&#039;t help,Just that you can&#039;t be required by law to do so,-What&#039;s next,Punishing someone for not helping the little old lady cross the street?-Ignoring someone being attacked is a terrible wrong,But it is a moral wrong,Not a legal one,Plus-What if the person pulls out a gun &amp; shoots you?-To Each is own,-My life is mine Not someone getting attacked,Mine-It&#039;s my life &amp; i won&#039;t be forced to go out of my way &amp; stop a crime or call 911 if i don&#039;t want to--I will CHOOSE to help because that&#039;s who i am but i will not be forced to &amp; neither should anyone else.That would be violating my right as a person to
nothing,-Our most important right as US citizens.]]></description>
		<content:encoded><![CDATA[<p>I wouldn&#8217;t want it to happen &amp; i never said you shouldn&#8217;t help,Just that you can&#8217;t be required by law to do so,-What&#8217;s next,Punishing someone for not helping the little old lady cross the street?-Ignoring someone being attacked is a terrible wrong,But it is a moral wrong,Not a legal one,Plus-What if the person pulls out a gun &amp; shoots you?-To Each is own,-My life is mine Not someone getting attacked,Mine-It&#8217;s my life &amp; i won&#8217;t be forced to go out of my way &amp; stop a crime or call 911 if i don&#8217;t want to&#8211;I will CHOOSE to help because that&#8217;s who i am but i will not be forced to &amp; neither should anyone else.That would be violating my right as a person to<br />
nothing,-Our most important right as US citizens.</p>
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		<title>By: Jason Dover (@jdov3r)</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-11796</link>
		<dc:creator><![CDATA[Jason Dover (@jdov3r)]]></dc:creator>
		<pubDate>Wed, 16 Nov 2011 01:16:44 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-11796</guid>
		<description><![CDATA[You are lost. The individual being raped or molested has had their most basic human rights violated. In order to maintain a society that respects such rights, it is imperative that we build laws (which, by the way, is what differentiates us, to protect these unalienable rights. How would you feel if it were your own daughter, or and immediate family member?????? I smell situation ethics....]]></description>
		<content:encoded><![CDATA[<p>You are lost. The individual being raped or molested has had their most basic human rights violated. In order to maintain a society that respects such rights, it is imperative that we build laws (which, by the way, is what differentiates us, to protect these unalienable rights. How would you feel if it were your own daughter, or and immediate family member?????? I smell situation ethics&#8230;.</p>
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		<title>By: cinders</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-11790</link>
		<dc:creator><![CDATA[cinders]]></dc:creator>
		<pubDate>Tue, 15 Nov 2011 00:34:53 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-11790</guid>
		<description><![CDATA[I have a question, hope you can help. I have a friend who is a prominent attorney in my home town, and her juvenile daughter was sexually assaulted by her grandfather, and her mother(attorney) says that this must never get out, ie... she wants to scoop it under the rug. What is there that can be done for  an attorney who fails to report this crime. It is her daughter for God sake, and she does not want anyone to know this has happened because it may hurt her in the community. What can we as the rest of the family do, to stop this. However  her other grandma was told that if she tells, then she will not be allowed to see her grandchildren anymore. this man failed a polygraph test. Any help will be appreciated]]></description>
		<content:encoded><![CDATA[<p>I have a question, hope you can help. I have a friend who is a prominent attorney in my home town, and her juvenile daughter was sexually assaulted by her grandfather, and her mother(attorney) says that this must never get out, ie&#8230; she wants to scoop it under the rug. What is there that can be done for  an attorney who fails to report this crime. It is her daughter for God sake, and she does not want anyone to know this has happened because it may hurt her in the community. What can we as the rest of the family do, to stop this. However  her other grandma was told that if she tells, then she will not be allowed to see her grandchildren anymore. this man failed a polygraph test. Any help will be appreciated</p>
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		<title>By: Billy Williams</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-11774</link>
		<dc:creator><![CDATA[Billy Williams]]></dc:creator>
		<pubDate>Fri, 21 Oct 2011 23:26:24 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-11774</guid>
		<description><![CDATA[AGREED!--And &quot;immediate physical danger&quot;-That could apply ANYWHERE so where would you say what crosses the line in intervening--If you see a person getting raped &amp; then run 2 help--You could get shot!-The persons a criminal so i very much doubt they have very high morals--If i saw a crime happening--Obviously a criminal would be able to see me &amp; if i ran 2 report it or call 4 help then the person might take out a gun &amp; shoot me!--Tragic that a person would get attacked yes,terrible yes,but we can&#039;t expect someone 2 risk their life 4 another--You are basically telling people that my life is less valuable then the person getting assaulted--If anyone wants 2 help out in any way they can but you can&#039;t make someone do it.]]></description>
		<content:encoded><![CDATA[<p>AGREED!&#8211;And &#8220;immediate physical danger&#8221;-That could apply ANYWHERE so where would you say what crosses the line in intervening&#8211;If you see a person getting raped &amp; then run 2 help&#8211;You could get shot!-The persons a criminal so i very much doubt they have very high morals&#8211;If i saw a crime happening&#8211;Obviously a criminal would be able to see me &amp; if i ran 2 report it or call 4 help then the person might take out a gun &amp; shoot me!&#8211;Tragic that a person would get attacked yes,terrible yes,but we can&#8217;t expect someone 2 risk their life 4 another&#8211;You are basically telling people that my life is less valuable then the person getting assaulted&#8211;If anyone wants 2 help out in any way they can but you can&#8217;t make someone do it.</p>
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		<title>By: Joejoe</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-11768</link>
		<dc:creator><![CDATA[Joejoe]]></dc:creator>
		<pubDate>Tue, 11 Oct 2011 21:14:13 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-11768</guid>
		<description><![CDATA[This whole discussion is scary. No one is arguing that a law putting people in jail fro not reportinga crime is not completely unconstitutional?  Have we become such a liberal nanny state, that we force people to help others?  

I find it amazing no one thinks it it&#039;s idiotic to legislate duty? or to incarcerate people who have done nothing to commit a crime ? what&#039;s next, felonies for not helping a lady crossing the street?

This idea that you can be charged witha crime for not reporting is completely againstt he spirit and word of the constitution. The fact you can discuss it without alamr means that liberalism has become tyrannical.]]></description>
		<content:encoded><![CDATA[<p>This whole discussion is scary. No one is arguing that a law putting people in jail fro not reportinga crime is not completely unconstitutional?  Have we become such a liberal nanny state, that we force people to help others?  </p>
<p>I find it amazing no one thinks it it&#8217;s idiotic to legislate duty? or to incarcerate people who have done nothing to commit a crime ? what&#8217;s next, felonies for not helping a lady crossing the street?</p>
<p>This idea that you can be charged witha crime for not reporting is completely againstt he spirit and word of the constitution. The fact you can discuss it without alamr means that liberalism has become tyrannical.</p>
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		<title>By: Terrell</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-10144</link>
		<dc:creator><![CDATA[Terrell]]></dc:creator>
		<pubDate>Thu, 24 Feb 2011 18:47:29 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-10144</guid>
		<description><![CDATA[If there is a law that punishes bystanders for failure to report a crime, you have the unintended consequence of making witnesses to a crime, criminals.  Those same witnesses whose testimony may help convict the perp now have a direct incentive not to testify, as well as a 5th Amendment right not to do so.  

What you will have done with this statute is make it so that any witness to a crime, who didn&#039;t report it, has to admit to a crime to testify against the person who actually inflicted the crime upon another person.  What would really be the better use of finite police resources, as well as court costs, and prison space, removing a rapist/murderer/robber etc, or putting a witness in prison?  The powers of the government are not infinite, nor are it&#039;s resources.  In my opinion it&#039;s a waste of resources to enact criminal penalties for those people who don&#039;t wish to be involved.  The criminal law should be limited to people who directly inflict harm upon another, or their property without their consent.  

Given these issues, I think it&#039;s better if we focus on actually punishing the criminals, rather than make potential witnesses criminals becuase they didn&#039;t react in a previously sanctioned way, but instead went about their business, directly inflicting harm on no one. 

If I&#039;m walking to my complex gym on one side of the street, listening to my iPod, while someone is attacked on the other side of the street, about 30-50 feet away on the path around the lake, and I don&#039;t see it happening because my attention is elsewhere, why should I be punished under the law?  Why should I have to spend money to defend myself, when I was simply minding my own business and not bothering anyone?  How do I prove that I didn&#039;t see it happen, how does the prosecutor prove that I did?  IMO it&#039;s a waste of resources to punish witnesses for not reporting crimes, and can easily lead to injustices in at least some situations.
(the above is a hypothetical, btw)

The problem with the reasonable provision, is that not all people will agree upon what constututes reasonable.  Someone may have argued that it was reasonable that I saw the assault on the other side of the street, but it&#039;s also reasonable that I didn&#039;t.    Some think that a &quot;known or should have known&quot; application of the law would be reasonable, and such an application could easily lead to a person going to jail because of some other person&#039;s crime, simply because they didn&#039;t notice or report it.   Let&#039;s focus our resources on the people who actually, through their direct actions, inflict harm upon other people, let&#039;s leave the witnesses alone other than giving them a subpoena.]]></description>
		<content:encoded><![CDATA[<p>If there is a law that punishes bystanders for failure to report a crime, you have the unintended consequence of making witnesses to a crime, criminals.  Those same witnesses whose testimony may help convict the perp now have a direct incentive not to testify, as well as a 5th Amendment right not to do so.  </p>
<p>What you will have done with this statute is make it so that any witness to a crime, who didn&#8217;t report it, has to admit to a crime to testify against the person who actually inflicted the crime upon another person.  What would really be the better use of finite police resources, as well as court costs, and prison space, removing a rapist/murderer/robber etc, or putting a witness in prison?  The powers of the government are not infinite, nor are it&#8217;s resources.  In my opinion it&#8217;s a waste of resources to enact criminal penalties for those people who don&#8217;t wish to be involved.  The criminal law should be limited to people who directly inflict harm upon another, or their property without their consent.  </p>
<p>Given these issues, I think it&#8217;s better if we focus on actually punishing the criminals, rather than make potential witnesses criminals becuase they didn&#8217;t react in a previously sanctioned way, but instead went about their business, directly inflicting harm on no one. </p>
<p>If I&#8217;m walking to my complex gym on one side of the street, listening to my iPod, while someone is attacked on the other side of the street, about 30-50 feet away on the path around the lake, and I don&#8217;t see it happening because my attention is elsewhere, why should I be punished under the law?  Why should I have to spend money to defend myself, when I was simply minding my own business and not bothering anyone?  How do I prove that I didn&#8217;t see it happen, how does the prosecutor prove that I did?  IMO it&#8217;s a waste of resources to punish witnesses for not reporting crimes, and can easily lead to injustices in at least some situations.<br />
(the above is a hypothetical, btw)</p>
<p>The problem with the reasonable provision, is that not all people will agree upon what constututes reasonable.  Someone may have argued that it was reasonable that I saw the assault on the other side of the street, but it&#8217;s also reasonable that I didn&#8217;t.    Some think that a &#8220;known or should have known&#8221; application of the law would be reasonable, and such an application could easily lead to a person going to jail because of some other person&#8217;s crime, simply because they didn&#8217;t notice or report it.   Let&#8217;s focus our resources on the people who actually, through their direct actions, inflict harm upon other people, let&#8217;s leave the witnesses alone other than giving them a subpoena.</p>
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		<title>By: Richard Cole</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-9993</link>
		<dc:creator><![CDATA[Richard Cole]]></dc:creator>
		<pubDate>Mon, 15 Nov 2010 05:03:04 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-9993</guid>
		<description><![CDATA[What about government criminal acts witnessed in court or civil rights violations.  Judges and prosecutors on a daily basis.]]></description>
		<content:encoded><![CDATA[<p>What about government criminal acts witnessed in court or civil rights violations.  Judges and prosecutors on a daily basis.</p>
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		<title>By: D. M. Manes</title>
		<link>http://politicalcartel.org/2009/10/28/failure-to-report-a-crime-why-we-should-punish-bystanders/#comment-9839</link>
		<dc:creator><![CDATA[D. M. Manes]]></dc:creator>
		<pubDate>Sat, 29 May 2010 00:20:24 +0000</pubDate>
		<guid isPermaLink="false">http://politicalcartel.org/?p=2158#comment-9839</guid>
		<description><![CDATA[I just sent an e-mail to the address you left in the comment field.]]></description>
		<content:encoded><![CDATA[<p>I just sent an e-mail to the address you left in the comment field.</p>
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