Comments on: Can Bystanders Who Cheer on a Criminal Be Prosecuted?

By: Myrtle Beach Attorney

Myrtle Beach Attorney — Thu, 03 Dec 2009 00:13:06 +0000

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By: Limiting Free Speech (38): Cheering on a Criminal « P.A.P. Blog – Human Rights Etc.

Fri, 27 Nov 2009 09:23:58 +0000

[...] Eugene Volokh, normally very hesitant to allow restrictions on free speech, says that prosecution should be possible on the grounds that the cheering tends to encourage the criminal and thus constitutes “abett[ing].” “An aider and abettor is one who acts with both knowledge of the perpetrator’s criminal purpose and the intent of encouraging or facilitating commission of the offense.” People v. Avila, 38 Cal. 4th 491, 564 (2006). (source) [...]

By: Ricardo

Ricardo — Wed, 04 Nov 2009 03:23:44 +0000

Malvolio: You think so? I have to disagree. He has permission to be in the stadium. He doesn’t have permission to be in some parts of the stadium, but that would be a civil matter between him and the owner, who would have to eject him and then sue. Lori Drew not withstanding, failing to obey the terms of a contract isn’t a crime.

I was able to find several cases of people arrested for criminal trespass who rushed the field during a sports event. The field is pretty clearly off-limits to fans, just as surely as various offices marked "authorized persons only" are. Indeed, stadiums station security guards at entrances to the field exactly to deter people from entering the field unless they have a right to be there. The Lori Drew case is more analogous to someone who, say, smuggles alcohol into a stadium or uses profanity or does something else clearly forbidden by the "house rules." In those kinds of cases, I believe you can be asked to leave and you are only subject to arrest if you refuse or resist.

By: Strict

Strict — Wed, 04 Nov 2009 02:26:02 +0000

"He doesn’t have permission to be in some parts of the stadium, but that would be a civil matter between him and the owner, who would have to eject him and then sue. Lori Drew not withstanding, failing to obey the terms of a contract isn’t a crime." So why the arrest by police? Maybe you are right though, if most jurisdictions lack such a crime. A quick Google yields some "criminal trespass at sports events" statutes. NY statute Criminal trespass charges for tennis fan at US Open Criminal trespass charges for streaker at Mets game Oregon statute. Ohio

By: David Schwartz

David Schwartz — Wed, 04 Nov 2009 02:24:06 +0000

Once the crime has been committed, someone who cheers cannot seek to bring it about. So I don’t see an issue with cheering someone who has committed a crime or is in the process of committing one (but where the crime itself is already complete).

However, if one has the requisite intent and encourages someone to commit crimes he or she has not yet committed, I see no reason that wouldn’t support an aid and abet conviction.

By: The Volokh Conspiracy » Blog Archive » More on Bystanders Who Cheer on a Criminal

Wed, 04 Nov 2009 01:33:20 +0000

[...] his post below, Eugene asks whether a bystander who cheers on a criminal can be criminally liable as an [...]

By: Splunge

Splunge — Wed, 04 Nov 2009 01:15:34 +0000

What if the bystanders distribute their cheers impartially, on the strict basis of demonstrated competence and artistic style, to criminal and victim alike? Like Olympic judges? Masterful use of the choke-hold, sir! You're winning! [audience roars in surprise] My word! Oh very well played, ma'am! Excellent placement of the boot!

By: Malvolio

Malvolio — Wed, 04 Nov 2009 00:46:31 +0000

Strict: I usually cheer when a drunk spectator at a sports event interrupts the game by running around the field like an idiot. It’s funny. The guy always gets carted off by police — I’d assume there’s usually a criminal trespass charge that follows.

You think so? I have to disagree. He has permission to be in the stadium. He doesn't have permission to be in some parts of the stadium, but that would be a civil matter between him and the owner, who would have to eject him and then sue. Lori Drew not withstanding, failing to obey the terms of a contract isn't a crime.

By: Strict

Strict — Tue, 03 Nov 2009 23:38:40 +0000

I usually cheer when a drunk spectator at a sports event interrupts the game by running around the field like an idiot. It’s funny. The guy always gets carted off by police – I’d assume there’s usually a criminal trespass charge that follows.

And these sports fans certainly do it for the attention and the cheers.

By: S

Tue, 03 Nov 2009 23:35:47 +0000

So it’s plausible that people cheering on Al Pacino’s Sonny Wortzik in Dog Day Afternoon were guilty of ‘abetting’.

Could would it be interpreted as protected speech if the police are already there?

By: Matthew

Matthew — Tue, 03 Nov 2009 23:23:37 +0000

Cheering about a series of crimes on a website was essentially the basis for the stalking convictions in United States v. Fullmer out of the Third Circuit last month.

By: troll_dc2

troll_dc2 — Tue, 03 Nov 2009 23:20:58 +0000

What about ratification after the fact? If you say “good job!” after a rape, is that a crime? You did not encourage the illegal act while it was occurring. So you did not abet it. All you did was express support for the actor. In labor law, a union can be liable for ratifying illegal conduct, but this is a statutory matter (Sec. 6 of the Norris-LaGuardia Act). Can the pricniple carry over to other scenarios? I doubt it.

By: josh

josh — Tue, 03 Nov 2009 22:51:16 +0000

Didn’t you see The Accused with Jodie Foster and Kelly McGillis?