My hypothetical

[Daniel Billings]

----- Original Message ----- 
From: "Dave Faneuf" <tklaundry@juno.com>
To: <bri@bostonradio.org>
Sent: Thursday, August 11, 2005 12:15 PM
Subject: My hypothetical


> My hypothetical assumes that the reporter uncovered information about lax
> security that could have prevented a catastrophic event but that the
> hypothetical news outlet decided to delay broadcast until sweeps which
> occur AFTER said catastrophic event occurs.
>
> Criminal charges?  I suppose I (not being an attorney) would look through
> the statues regarding accessory before the fact.
>
> Civil suits?   I would think that other occupants of the building might
> have grounds to bring a suit against the hypothetical news outlet for
> squashing the story and the FBI for allowing the conditions to occur.
> (maybe even find out what beer they drink and sue them too! LOL)

Neither a person or a news organization has a legal duty to report.

If I heard Person A say that he was going to kill Person B, I have no duty 
to tell anyone what I know, even if I believe it.  (Some professionals are 
mandatory reporters under statutes, but they are the exceptions to the 
general rule.)

For me to have criminal liability as an accessory, I would have to do 
something to help or encourage Person A before the killing or I would have 
to help cover up the crime or help Person A escape or get away.