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#178020 - Thu Jun 12 2003 08:50 PM A Question for the Lawyers.
IndieQueen Offline
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Registered: Tue Apr 17 2001
Posts: 7306
Loc: Pittsburgh
Pennsylvania USA
No, I'm not seeking legal advice, I promise. I read an article in this month's Rolling Stone about a boy who got punched at party, fell and hit his head and lay there unconscious while his "friends" figured out the pest way to do the old CYA. The boy ended up dying of his injuries (he was dropped on his head twice more while said "friends" moved his lifeless body so they wouldn't get busted). They all got together to work out a cover story which they told to the police. The DA in the case decided not to file charges against anyone but the boy who punched him. His charge was misdemeanor(SP). She said that lying to the police is not a crime and that not helping a person in distress is also not a crime. My question is when did hindering an investigation become legal? I thought that offering aid to an obviously injured person was also covered under the law. This occurred in New York State. Can one of our panel of lawyers set me straight here. I'm no up on them there fancy laws ya know. Cool, care to take a stab at this one?

Oh, also, if this doesn't belong in this forum, please move it. I didn't think it quite fit in CI, so I put it here.
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#178021 - Fri Jun 13 2003 02:10 AM Re: A Question for the Lawyers.
sue943 Offline
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Registered: Sun Dec 19 1999
Posts: 38005
Loc: Jersey
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I think Current Events will fit it better than The Commons. Interesting topic.
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#178022 - Mon Jun 16 2003 07:52 AM Re: A Question for the Lawyers.
IndieQueen Offline
Forum Champion

Registered: Tue Apr 17 2001
Posts: 7306
Loc: Pittsburgh
Pennsylvania USA
Anyone? Anyone? Bueller? Come on, this a prime chance to educate the not so bright when it comes to law.
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#178023 - Mon Jun 16 2003 12:07 PM Re: A Question for the Lawyers.
ladymacb29 Offline
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Registered: Wed Mar 15 2000
Posts: 16214
Loc: The Delta Quadrant
I'm not a lawyer, but I'm from NY and know that interference with a police investigation is a crime in the state.
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#178024 - Mon Jun 16 2003 12:48 PM Re: A Question for the Lawyers.
StoryTyler Offline
Explorer

Registered: Fri Aug 11 2000
Posts: 93
Loc: California USA
Quote:

She said that lying to the police is not a crime and that not helping a person in distress is also not a crime.




I'm not a lawyer, but the question interested me so I tried to find some answers.

I have no documentation of this (I'd have to read all the laws for every state, and I just don't have the time!), but I've always heard that it IS illegal to lie to or intentionally mislead the police, particlarly when they're investigating a specific case (if the cop that stopped you for speeding asks you why you did it, and you lie and say "I'm rushing to catch a plane," odds are good the cop won't make a big case out of it, and even if you were lying, he's not going to add other charges and arrest you - he'll just give you the ticket and send you on your way). Short of "little white lies" like that, I'm fairly certain that lying to the police is a good way to be charged with Obstruction of Justice.

As for the Good Samaritan thing, research seems to indicate that there are two types of Good Samaritan Law: the type that requires bystanders to assist others in an emergency situation, and the type that gives immunity from liability to those who voluntarily give aid to others in an emergency situation.

I can't find documentation about any actual law that requires private citizens to come to the aid of anyone that needs it, but I see a lot of vague reference to this.

For example:

Quote:

First of all, a person is not obligated by law to do first aid in most states, not unless it's part of a job description obviously. Some states will consider it an act of negligence though, if we don't at least call for help. --What is the Good Samaritan Law?




Well, WHICH states?!? I can't find anything to back this up, so I asked our office attorney (I work at the State Bar), who said he's fairly certain there are no US laws requiring bystanders to assist in emergency treatment of any individual, although he thought there might be some states that require a certified Doctor to offer assistance.

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