NCJ Number
102237
Journal
Yale Law Journal Volume: 94 Issue: 7 Dated: (June 1985) Pages: 1787-1806
Date Published
1985
Length
20 pages
Annotation
A law requiring witnesses to report crimes would address the national problem of failure to report crime by dealing with the social and psychological factors underlying this underreporting.
Abstract
A main reason for lack of reporting is the diffusion of responsibility resulting from the presence of several bystanders and the placement of responsibility for crime control on the police or politicians. Inaction by other witnesses also encourages individual bystanders to do nothing. Indecision also produces immobilization. Vague legal statements about the need to report crimes and nonlegal approaches like publicity campaigns and rewards have not been effective. Passing a law to impose a duty to rescue in criminal situations would raise the dangers of vigilantism and interference with the criminal justice system. Imposing civil liability on witnesses who fail to call the police would also be ineffective, because few suits would be brought and most bystanders would be judgment-proof. The problem could be effectively addressed, however, by making it a misdemeanor for a felony witness to fail to report the crime to the appropriate authorities. Such a law has some potential problems, but it would teach the public the correct course of action in a criminal emergency. 130 footnotes.