The Legal Implications of Inaction in Crime Reporting: Deliberation, Accessory After the Fact, and Misprision of Felony

When someone learns that a crime has been committed by someone they know, the natural reaction is to report it to the authorities. However, what happens if an individual chooses not to report the crime, knowing full well that a felony has been committed? Can they be considered an accessory after the fact? This article explores the legal implications of inaction in the context of crime reporting, particularly focusing on the statutes governing misprision of felony and the concept of being an accessory after the fact in certain U.S. jurisdictions.

The Role of Misprision of Felony in Modern Law

The law of misprision of felony is a prime example of how legal systems can penalize not just those who commit a crime, but those who knowingly cover it up. The misprision of felony statute has its roots in English common law, where it was considered a serious offense for a person to deliberately hide knowledge of a felony from the authorities. However, as societal values and legal interpretations evolved, many states chose to omit this statute in their criminal laws due to the perceived harshness of imprisoning individuals for a failure to act.

The Evolution of the Law: U.S. Perspective

In the United States, the misprision of felony statute was formally codified in 1790 (18 U.S.C. § 4) and requires an individual to report a felony or face criminal charges. The statute stipulates that if someone is aware of a felony being committed and fails to inform the authorities, they can face fines or imprisonment for up to three years. This statute is often seen as a safeguard to ensure that no one can conveniently ignore criminal activities, thereby allowing them to continue undetected.

States with Specific Crime Reporting Requirements

Although the U.S. generally adheres to the principle that mere knowledge of a crime without aiding the perpetrator is not sufficient for prosecution, certain states have specific laws requiring crime reporting. These states include:

California: Individuals must report crimes against children under the age of 14. Failure to do so can result in fines or imprisonment.

Ohio: Any felonies must be reported according to the state's mandatory reporting laws.

Texas: Crimes causing serious injury or death must be reported. Failure to do so can result in fines, imprisonment, or both.

Georgia: Concealing a death, whether criminal or not, is prohibited. Failure to report can result in penalties.

Challenges in Crime Reporting: Lack of Trust and Collaboration

However, the decision to report a crime is not always straightforward. There are several scenarios where reporting a crime may not be a viable option:

Lack of Trust in Authorities: If the person who witnessed the crime does not believe the authorities will take the necessary action, they may hesitate to report it. This lack of trust can stem from past experiences or a general skepticism towards law enforcement. Already Aware and Inaction: Sometimes, individuals may be aware of the crime but do nothing due to complicity or fear. In such cases, the line between being an accessory and being a witness can become blurred. Victim Scenarios: If one is a victim and the perpetrator attempts to implicate them, reporting the crime becomes a daunting task. Even if the person reports the crime, the credibility of the report may be questioned. Collusion and Scapegoating: In circumstances where multiple parties are involved in a criminal activity, one person may be scapegoated to protect others. This can lead to a situation where the accused feels trapped and powerless to report the crime.

Ultimately, the decision to report a crime should be guided by the desire to ensure justice and the protection of individuals from harm. While these scenarios highlight the potential complications and challenges in reporting, the legal framework around misprision of felony and being an accessory after the fact aims to deter such inaction and promote accountability.