Inspired by this post, let’s pretend I have a friend who wants to hire a hitman to kill her husband. She meets with the “hitman,” but according to Law and Order, charges cannot be filed until money changes hands. Plans are arranged, but before the final meeting she spills the beans to me.
Am I under any obligation to call the cops? Even if I assume the cops already know about it?
If I try to talk her out of it on the grounds that murder is wrong, and she has a change of heart, can I be charged with obstructing a criminal investigation?
What if I talk her out of in on the grounds that she’s almost certainly talking to undercover cops? Is that the same thing as flashing your brights at oncoming traffic to warn them of a speed trap?
I don’t believe you’d be committing a crime by doing nothing if your friend tells you she is planning to kill her husband.
I also don’t believe there is anything wrong with trying to talk her out of it. In fact, I would suggest that is the preferred response society would expect. Even if you think she’s been talking to under cover cops instead of a real hitman.
I cannot imagine you’d be charged, let alone convicted, of any crime for telling your friend that hiring a hit man is a bad idea, even if just because you never know which ones are really cops.
Assuming that this is correct, presumably that would be because the crime hasn’t occurred yet. At least, the crime they want to arrest her for. Talking her out of it by any means shouldn’t be obstructing justice, because the crime hasn’t occurred.
There may be other crimes already committed, conspiracy or something, but you’re not doing anything to obstruct investigation of those crimes by talking her out of committing another crime.
The friend is already guilty of conspiracy to commit murder, because she met with the hit man. As few as two people discussing an intent to commit a crime can be conspiracy.
You may also be guilty of conspiracy since she has discussed these plans with you, if you do not go to the police. Trying to talk her out of the action instead of going to the police with your knowledge may also be conspiracy.
I don’t think trying to talk someone out of committing a murder qualifies as conspiracy in planning to commit a murder.
IANAL but I doubt the money thing is exact. I suspect the catch is, during conspiracy the requirement is to prove real intent to commit a specific crime. Nothing says “Do this” like handing over money, so it is the icing on the cake in terms of proving real intent. Otherwise, she could just say “I was frustrated with teh hubby and indulging in a fantasy, saying - what if…?”
If she discusses the thoughts with you, and you offer some assistance - like “wear gloves so you don’t leave fingerprints” - maybe you are a co-conspirator.
I don’t see how you could be charged with obstructing for talking someone out of a crime. Obstruction is impeding an investigation, lying to police or destroying evidence. Telling a person not to commit a crime does not impede the police from investigating that possible crime.
No one has any obligation to do anything at all regarding most crimes (except an obligation to not commit the crime yourself). Only a few specific crimes have “mandated reporters”.
Not reporting it to the cops is pretty lame, but you have a right to be lame.
Sometimes. Often conspiracy statutes require an overt act in furtherance of the conspiracy, rather than simply the agreement; sometimes, as you suggest, the mere fact of agreement completes the crime.
That’s key, because a defense to the crime of attempt is renunciation. But once the crime is complete, it cannot be renounced.
Once the authorities know that a crime happened, is the knower off the hook?
The worst interpretation of the law is that if you don’t phone the police station upon hearing the evening news, you are committing a crime.
Or… do you need first-hand information? If Fred tells me he committed a crime, do I need to report him?
Or only if I see him committing the crime?
IANAL - how do I know what’s a felony or not? What if I think it’s a misdemeanor?
What exactly must be reported? Does “such information” mean you have to report the details of the crime to police, or that you just have to tell them “I know something you don’t”?
I don’t think a lot of deep thinking went into this law. I assume it does not override your 5th-amendment rights?
Well, between the time you become aware of the crime and the time you report it, you are in violation of the law since no time limit is spelled out. So technically, by obeying the law and reporting the crime, you are confessing to the crime you have been committing up to that point - so you are entitled under the 5th amendment not to report the crime since showing you knew about it opens you up to prosecution. (or, if you tell the authorities after they charge you for it, are you now cleared of the crime?)
Pay a visit to a library, does not have to be a law library, just one where they have the Ohio Revised Code, probably the Main branch.
After the section you cited there will be case law “Annotations” on it.
I have not looked at them, but you will find, most probably, failure to report a felony on yourself is not a criminal offense under the statute, not unless HARM was done to others in the same act??
I may look it up myself sometime.
We can look at the federal conterpart, as far as the 5th is concerned;
Misprision of felony;
United States v. Johnson, 546 F.2d 1225 (5th Cir. 1977) at 1227 (“The mere failure to report a felony is not sufficient to constitute a violation of 18 U.S.C.A. § 4.”
