If I were to hear from a reliable source that a murder was to take place later that day at a certain time and a certain location and I did nothing and let the victim die, would I be legally culpable? Assume that the authorities had proof positive that I had foreknowledge of the murder but did nothing because of sheer apathy. In other words, I let the victim die simply because I couldn’t be bothered to pick up the phone and call the cops. Would the police be able to charge me with anything?
I would greatly appreciate it if anyone who replied would qualify their answer with legal citation if possible.
Traditionally, no, you would not be held criminally liable. Do a google search on the Genovese case, it is sort of the benchmark for failure to act. In that case a woman was raped and murdered in the courtyard of an apartment complex, she screamed and cried for help. Some 30+ people saw it happen and/or heard her cries. None of them called the police. They were not charged.
A seperate issue would come from being an accomplice before the fact. If you aid, or encourage the commission of a crime you may be charged as an accomplice. Check your local statutes to see what, exactly, is required to be an accomplice.
However, whereas that is the general rule, if a special relationship exsists between you and the victim, or perhaps you and the potential criminal, then a duty may arise, if not criminally, then in civil court. See *Tarasoff v. Regents 551 P.2d 334
IAMNAL(Y) so this is not legal advice, and should also add that the above would only apply in America. I will say that clearly the right thing to do is to call the police, and I hope your question is not being asked because you find yourself in this situation.
IANA lawyer, either, but I believe this might fall into the category of “depraved indifference” which, if said indifference leads to the death of another, can be prosecuted as murder, at least in some jurisdictions.
IIRC Cliffy is an attorney so a furhter explanation of what constitutes ‘depraved indifference’ would have been better coming from him but maybe he had to run to court or something so I’ll take a stab at it.
In ‘depraved indifference’ you are still the one who actually committed the injury (whatever it is). The idea here is you did not mean to cause harm but you were so indifferent to the potential consequences of your action as to constitute a ‘depraved indifference’.
For example, you are standing on the street and randomly point a gun in some direction and fire it. You weren’t trying to kill anyone but you exhibited a ‘depraved indifference’ to what might happen such that you are still criminally liable.