Keeping your mouth shut - why isn't it a crime

By Walter M. Reaves Jr.

If you are reading this blog then you are probably following the Matt Baker trial. Yesterday there was testimony that his mistress knew about his plan to kill his wife, and didn't report it. I'm not commenting on whether that is true or not - it is up to the jury to decide that. What I do want to comment on is the surprise most people expressed when they were told that wasn't a crime.

Too often we confuse morals and criminal behavior. They often overlap - in both directions. However, not everything that we consider immoral is also a crime. I trust that most people believe you have a moral obligation to report a crime if you know about it - especially one where someone's life is at stake. There is a big difference between a moral obligation and a legal obligation though.

Before you can be criminally responsible for not doing something you must have a duty to do it. For example parents have an obligation to provide for the basic needs of their children. If you don't, you can be criminally responsible. In some cases the law places a duty on certain people - teachers and medical personnel  have an obligation to report suspected abuse. Without a duty though, you don't have a legal action to act.

Texas does not impose a duty on citizens to report crimes - no matter how serious. Therefore, you can't be prosecuted for not reporting something. Should you do it - probably. However, we already criminalize far too much conduct. Some things we need to the leave to individuals - there is no doubt they will make bad decisions, but that shouldn't make them criminals. If what was testified to was true she will have to live that decision forever - that should be punishment enough.

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