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Old January 5, 2022, 12:29 AM   #39
5whiskey
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Join Date: October 23, 2005
Location: US
Posts: 3,546
Quote:
What was their crime? NOT believing and acting on what some school official told them? That might be enough to get them convicted I suppose.

The people the OKC bomber stayed with got 10year sentences for not turning him in to the Feds when he told them his plans. Their only defense was that they simply did not believe McVeigh was actually serious.
That isn´t entirely accurate. If you refer to Michael and Lori Fortier, they both committed overt acts to assist Mcveigh. Michael drove him around to scout the target, and Lori helped create a fake ID to rent the truck used. As it stands, in Common law there is rarely any ¨duty to act¨ or ¨duty to report.¨ You can give a friend a ride to the store, walk in with him, and watch him rob the store, and you are largely blameless if you sincerely didn´t have any previous knowledge that he intended to rob the store. You are not guilty of anything for being merely present.

Now, if you know your friend intended to rob the store when you drove him there, you are an accessory as you assisted his criminal act. If you did not know, but then watched him rob the store and decided to drive him away, you are an accessory after the fact. Any overt act that aides another in committing a crime can be prosecuted. Merely being associated with the criminal actor, but providing no aid or assistance to the criminal act, cannot be criminally be prosecuted in 99% of cases.

I could see how having a parent/child relationship could possibly open the parent up to a negligent killing/manslaughter charge, depending on what the parent knew and facts of the parents failing to take proper precautions to prevent their child from causing harm. If the child was not a minor, this likely would not be the case. Since he is, they can (in some circumstances) bear responsibility.

I believe the DA has a VERY tall hurdle to jump here. Although, to be completely fair the parents did not help their case out at all by going on the run after it happened. This is absolutely a fact that will not sit well with any juror IMO.
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