Can I get in trouble? Legal Issue

[fmahovalich]

The Crown is proceeding based on evidence that he DID DO THE CRIME...and they have sufficient evidence to proceed and convict beyond a reasonable doubt! That is the Standard.

TO Brill: You are wrong in suggesting the Crown already thinks he is guilty and hence the charge....and therefore no need for the O.P. to come forward!!! WRONG!!!!

The CROWN would love to hear from the O.P. Its another nail in the coffin. A Crown would love to hear the evidence of the O.P. and then perhaps subpeona the person who heard the comments.

I agree with most here...THERE IS NO OBLIGATION TO DO ANYTHING....... legally.

Morally..think in terms if this happened to a young loved one that you fathered...what would YOU expect??


THINK OF VICTIM ALWAYS...cause in the end.....do you want a friend who would/might mislead a court...or not DO THE RIGHT THING..... morally?

 

[Cassini]

I would talk to a lawyer.

The mud and dirt from these situations has a way going all over the place and sticking to people. You don't want to become a target of criminal activity yourself. A lawyer will know the optimal way of handling this situation.

 

[fmahovalich]

A Lawyer??? For what?? To take your money???

NO NEED FOR A LAWYER HERE LAD!!

AT LEAST O.P. should monitor and make sure his friend does the right thing.

AT BEST....O.P. thinks of the VICTIM.....and HE DOES THE RIGHT THING!!!


Lets assume he does nothing!! Lets assume the friend does nothing...cept hide the "Confession"

Lets say the accused gets convicted? NOW WHAT

The friend is stuck...does he remain loyal to the convicted (supporting the bad rap)

or does he back away ONLY after the conviction.

The friend will make his own bed.

EVEN IF CONVICTED..the O.P. still has some knowledge and decisons to make about friendships!!

 

[rld]

A Lawyer??? For what?? To take your money???

NO NEED FOR A LAWYER HERE LAD!!

I agree with that part.

You have no legal obligation to report what you know.

It is a moral question for you to work out, and lawyers are not needed for that.

 

[doggystyle99]

If he did the crime he should do the time.
Put the SOB behind bars.

 

[toguy5252]

The OP does not need a lawyer. there is no legal obligation to report evidence to the police regardless of its probative or evidentiary value. The other posters who have said that the evidence is hearsay and therefore not admissible are correct. While the OP may feel some moral obligation to come forward that is between he and his conscience. The consequence of him in fact coming forward will be that the police may visit the person from who he heard the "admission". It is the the party who heard this statement who could be compelled to testify and the evidence from his mouth would be admissible.

 

[Rono]

I have been reading over these posts very carefully. There are several people who have been commenting whose opinions I respect. I don't want to be the one that sends the person to jail, and I have concluded that the "friend" is expendable should it come to that. I think I will call crimestoppers and speak to them and give them the information. I am confident that the friend will know the tip came from me, however, sometimes these kind of people like to blab so he may have told others as well. Either way, because there are victims here, I don't think I can live with keeping silent. Thanks again for all the advice, very much appreciated.

 

[rld]

Do keep in mind that not all hearsay is inadmissable.

 

[toguy5252]

Do keep in mind that not all hearsay is inadmissable.

You are quite right but in this case as set out by the OP it most certainly would be inadmissible. It is hearsay on hearsay and the intermediate party is available and compellable.

 

[Ceiling Cat]

From the little that we know about this case, it sound to me that the miscreant will get justice because there seems to be a victim hurting bad, so bad that his family is suffering. The right thing to do is to offer the info you know, hearsay evidence is not admissible in court, but it may push all those involve to work harder to bring this case to a just conclusion.

No matter how far, no matter how long, justice must be done.

 

[buttercup]

It's important to keep in mind just why hearsay evidence is inadmissible. It's because it is so unreliable. The OP cannot swear to what the accused person said -- the OP can only swear to what the friend said he said. No way that can be used against the accused -- and quite right, too..

Even the confession to the friend likely would be inadmissible, given that it took place without the usual safeguards and cautions. The reason? -- because history shows that courts should not rely on confessions reported that way.

Plus, here, the hearsay confession can hardly serve as an investigative lead in the case, given that the guy has already been arrested.

If the OP does report it to crimestoppers, there's nothing they can do with the information. There is no moral dilemma, here. Every citizen has a moral (but not a legal) duty to do what they can to secure justice. But, morally, you certainly must not make your own decision whether to try to secure justice, in a particular case, based on your own notions about the victim of the crime. The impact on the victims is always the reason for trying to secure justice.

You only have a (moral) duty to report evidence. If you don't have any evidence, which you don't in this case, your moral duty is to keep shtum.

 

[Anynym]

Plus, here, the hearsay confession can hardly serve as an investigative lead in the case, given that the guy has already been arrested.

None of us know the nature of the confession, nor the nature of the evidence on which the charge was laid.

There may well be evidentiary value in the lead.

Good for the OP to step up to their duty to society and let the facts be known, even in a difficult situation.

 

[night ride]

How about outsourcing your guilt? Hire someone in India to feel your guilt for you and then you are in the clear!

What a good concept. Hope it works!

 

[fuji]

Butter there is in fact something crime stoppers can do with the tip, they can send an officer to the guy who heard it first hand and try to persuade him to testify in court.

what the op knows is not evidence but it might still be a good lead.

 

[Dougal Short]

there is no legal responsibility here, only moral one or whatever you want to call it.
It's between you and your conscience, as simple as that

He has no "Moral responsibility" really either. Even if he does go to the police with this bit if information, it would be of absolutely no use to them in the prosecution of this case. Other than it might make the OP feel better, there would be absolutely no point.

Fuji's point is probably a good one however.

 

[Rono]

My big concern is that the "friend" will be supporting the "perp", for lack of an easier reference, and will not admit that he confessed and did the crime in a momentary lapse in judgement. I don't know a lot about the law, however, I believe the "friend" will not give up the info on the confession even under oath. My original title of this thread was "Can I get in trouble", is really my secondary concern, in retrospect. I think I have more trouble with the guy walking. The "perp" told me to expect a call from the police or someone else, because my name is in his computer, which was taken by the police. I advised him to not volunteer his lawyer to contact me, leaving it at that. I did not tell him that I would have negative things to say about him. If I am called up, I will not lie. My concern about myself getting in trouble stems from the fact that it is probable that I will be called upon by either the prosecution or the defense. If it comes out that I had info that I was withholding, I was worried that I could get myself in trouble. It seems that this is not the case.
I mentioned that the guy has a wonderful family, and no, the wife is not hot, not by any standards. She is nice, but she is one of those women you look at and think, shit some guys will fuck anything. His children are the sweetest, most polite kids you will ever meet ( Makes me wonder if that was beaten into them now). I don't want to sink the family, but if this guy did it, he really needs to do a lot of time.

 

[Mervyn]

Butter there is in fact something crime stoppers can do with the tip, they can send an officer to the guy who heard it first hand and try to persuade him to testify in court.

what the op knows is not evidence but it might still be a good lead.

+!

Rereading that first post, you mentioned the admission of guilt, plus a few details. Now I don't believe that admission would help the case at all, but if those details are things that are not commonly known, it could help with the investigation.

 

[Rono]

+!

Rereading that first post, you mentioned the admission of guilt, plus a few details. Now I don't believe that admission would help the case at all, but if those details are things that are not commonly known, it could help with the investigation.

Yes, if the police did visit, then the "friend" would know that someone out there knows that he confessed and told him and he should be more likely to tell the truth. Perfect.

 

[Rono]

Now to the O.P. - yes it is heresay for you..HOWEVER....if your friend goes to court...perhaps testifies to help his friend....and you find that HE LIES.....in other words commits perjury....then you have a decision to make....DO you speak to the Crown and tell them about the perjury!!

This is my concern FMH. The problem I have is that I may not be able to attend the court proceedings to know if the truth was told or not.

 

[simon482]

stfu, mind your own business and don't be a rat.