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PrisonerC33 · Apr 5, 2008, 11:59 AM

If you witness a crime and then are threatened into silence by the perpetrator, are you still withholding information from the police by not reporting it? Like, could you be charged? Thanks.

svatnsdal · Apr 5, 2008, 12:05 PM

Yes. It doesn't matter why you are not saying anything, what matters is you are keeping in important information. You can be charged!
How scared are you of the perpetrator? Are they a kid? A serial killer?
You can just go to the police and tell them you were threatened, then the perpetrator will be charged, and you won't. As long as you tell them everything.
I wish you luck!

excon · Apr 6, 2008, 05:35 AM

Hello Prisoner:

Not telling the cops about a crime isn't a crime.

excon

JudyKayTee · Apr 6, 2008, 06:45 AM

Originally Posted by svatnsdal

Yes. It doesn't matter why you are not saying anything, what matters is you are keeping in important information. You can be charged!
How scared are you of the perpetrator? Are they a kid? A serial killer?
You can just go to the police and tell them you were threatened, then the perpetrator will be charged, and you won't. As long as you tell them everything.
I wish you luck!

In the US you are not obligated to report a crime. If the crime somehow is discovered and you withhold information, then you can be charged.

I believe you said you are 16?

PrisonerC33 · Apr 6, 2008, 08:42 AM

Originally Posted by JudyKayTee

In the US you are not obligated to report a crime. If the crime somehow is discovered and you withhold information, then you can be charged.

I believe you said you are 16?

Yes, I'm sixteen.

ScottGem · Apr 6, 2008, 08:48 AM

Moncton is in Canada, so the laws may be different. So svatnsdal may know something we don't.

To svatnsdal,

Can you cite any statute that says not reporting a crime is, in itself a crime?

JudyKayTee · Apr 6, 2008, 08:54 AM

Originally Posted by PrisonerC33

Yes, I'm sixteen.

I only asked because I am concerned that you are being threatened at your age - are your parents aware this is going on?

PrisonerC33 · Apr 6, 2008, 08:56 AM

In Canada, withholding information is a criminal offence. But is the court more leniant when the defendant was threatened into silence?

JudyKayTee · Apr 6, 2008, 08:57 AM

Originally Posted by ScottGem

Moncton is in Canada, so the laws may be different. So svatnsdal may know something we don't.

To svatnsdal,

Can you cite any statute that says not reporting a crime is, in itself a crime?

I note that he/she (svatnsdal) also went to law school for a period so I very well may have jumped the gun here - will be interested in learning if Canada is different.

Good catch - I never saw the "Canada" part.

PrisonerC33 · Apr 6, 2008, 08:58 AM

Originally Posted by JudyKayTee

I only asked because I am concerned that you are being threatened at your age - are your parents aware this is going on?

I can take care of myself.

But thank you for your concern.

froggy7 · Apr 6, 2008, 09:53 AM

I think a distinction also needs to be made between volunteering and withholding information. I'm pretty sure that it's not illegal to refuse to volunteer information about a crime to the police. But, if they come by and ask you what you know about something that happened and you refuse to tell them, and they find out, they can charge you with obstructing justice. At least here in the States.

PrisonerC33 · Apr 6, 2008, 10:00 AM

Originally Posted by froggy7

I think a distinction also needs to be made between volunteering and withholding information. I'm pretty sure that it's not illegal to refuse to volunteer information about a crime to the police. But, if they come by and ask you what you know about something that happened and you refuse to tell them, and they find out, they can charge you with obstructing justice. At least here in the States.

Oh, that makes sense actually. Unless, of course, someone will be hurt by your silence. That's basically being willfully blind. I would personally see that as aiding in a crime.

JudyKayTee · Apr 6, 2008, 10:40 AM

Originally Posted by PrisonerC33

I can take care of myself.

But thank you for your concern.

With all due respect I have read some of your other posts and I am not so sure you can take care of yourself - and that's why I asked.

Sometimes you can't judge a situation based on one post and with what you have posted has happened to you in the past I wouldn't want you to be blackmailed now.

At 16 you are not an adult and should not be taken advantage of by an adult.

PrisonerC33 · Apr 6, 2008, 10:49 AM

Originally Posted by JudyKayTee

With all due respect I have read some of your other posts and I am not so sure you can take care of yourself - and that's why I asked.

Sometimes you can't judge a situation based on one post and with what you have posted has happened to you in the past I wouldn't want you to be blackmailed now.

At 16 you are not an adult and should not be taken advantage of by an adult.

Well, yes, I suppose. I meant it more like, there is no one else to take care of me. But thank you.

ScottGem · Apr 6, 2008, 12:00 PM

Originally Posted by PrisonerC33

In Canada, withholding information is a criminal offence. But is the court more leniant when the defendant was threatened into silence?

Withholding info is a crime almost every place. But the issue here, as Froggy pointed out, is whether inaction is a crime or not. While its your civic duty to report a crime, in the US there is no law compelling you to. Also you are not compelled to volunteer info, even if the police ask. But if you do not answer a question you are asked or willfully obstruct justice, then you can be in trouble. I suspect the laws are similar in Canada.