can charges be brought against people who witness violent crime and did nothing to stop it or call for help lynching 2nd degree

North Augusta, SC Viewed 34 times. Posted 25 days ago in Criminal Defense

a couple of months ago my son was beaten pretty bad and of course no one at the party is coming forward but it came to our attention that several of the people involved left the party and went to the waffle house bragging and discribing to the cook and the waitress about what they did the investigator has obtained the video and my wife and son have identified those on the video it has been a week since they have done so yet the police investigator has yet to get statements from the cook whom the people were bragging to. when i ask about the others that were at the party and saw what happened and did nothing to stop them or call 911 for help he said my son should have called himself i dont know how he could have being not out. he also said there is nothing to charge them with.

Answers (2)

Carlos Gonzalez

This attorney is licensed in New York. Posted 24 days ago.

While i do not practive law in yuour state, gnerally inidviuals are charged for actions and not failures to act...

Joshua Gramling Stein

This attorney is licensed in California. Posted 24 days ago.

As always in the law, it depends on specific facts, many of which aren't clear from your description. Your post raises two issues: criminal liability and civil liability. By criminal liability, I mean whether there is a basis for state or federal authorities to prosecute these folks under the criminal law. By civil liability, I mean the ability of your son to sue these folks for money in civil court.

As to the civil liability, few states have a civil duty to report or intervene. You should consult with a local civil attorney.

As to the criminal liabiltity, a good analysis will turn on the specific details, which is why you should consult a criminal defense attorney in your area. However, here is a rough sketch.

If the people at the party were truly bystanders in every manner, then there would be no criminal liability which I could find in some quick research of South Carolina's criminal code (Title 16). However, often times "bystanders" actually aid the commission of a crime, by helping to prevent escape if only by their cheering presence, by encouraging the commission of the crime especially when the perpetrators hesitate, and in many other possible scenarios (again, which is why you should consult an experienced attorney in your area). If their involvement is more substantial, it's possible that they could be criminally liable just as if they did the beating themselves under Title 16, Section 16-1-40, dealing with accessories to a crime.

Also, if the beating constituted a federal crime, such as if the beating was in retaliation for your son's role as a federal witness, then a simply bystander could be held criminally liable for simply failing to report the crime, which is called misprision of a felony, under Title 18, Section 4 of the federal code of laws.

Finally, do consult an experienced attorney. There is no substitute for a face-to-face conversation with someone who knows the laws in your state, knows how things actually work in your area, and can truly understand the facts in a back-and-forth conversation.

Best of luck to you and your son.

DISCLAIMER: I do not practice law in South Carolina. This posting is not intended to provide legal advice and does not create an attorney-client relationship.