Legal Question in Criminal Law in Minnesota
If someone is a witness to another person ( that they are familiar with) being beaten, is it against the law if they don't try to stop it or call the police?
Asked on 9/11/10, 1:18 am
1 Answer from Attorneys
Thomas C. Gallagher
Gallagher Criminal Defense
No, not generally. Arguably some kind of duty may exist if there is a special relationship, such as parent-child, for purposes of potential civil liability if not criminal. Another, practical problem could be the risk a witness bears of being accused of a crime as a result of being there, such as conspiracy. I have represented people accused of conspiracy to commit [assault] based mainly upon there presence when an assault occurred.
Answered on 9/16/10, 6:08 am
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