Probably yes, 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). This having […]
Tag Archives | Richmond gang rape
Duties to Report, and Duties to Testify
I note below one argument against duties to promptly report crimes that you’ve witnessed. (I speak here about such duties imposed on the public at large, rather than on particular professionals.) More broadly, I generally don’t support such duties. I should note, though, that such duties are not conceptually far different from duties to testify […]
Duties to Rescue (or Report) and the Anticooperative Effects of Law
The horrific Richmond gang rape incident has led some people to ask again whether the law should punish people for refusing to report a crime (which is what most “duties to rescue” end up reducing to, given that risky rescues are never required, and that intervening in a crime is almost always rescue). In light […]