Assemblyman and candidate for Attorney General, Pedro Nava
Whereas this “idea” is not new, a candidate for State Attorney General thinks expanding the law, that makes it a misdemeanor to fail to contact the police when a person witnesses a violent crime against children under 14, will help more folks come forward voluntarily. Assemblyman Pedro Nava, D-Santa Barbara, a former prosecutor and current candidate for attorney general, authored a bill that would strike the age limit requirement, so that a misdemeanor will result for failure to report any violent crime, regardless of the age of the victim.
Is this guy serious? He is running for Attorney General? If elected, the citizens of California could be in for some serious trouble.
This brainstorm was in response to the October 2009 rape of a 16-year-old Richmond girl outside of her high school dance. It has been reported that many people, including adults stood by and watched the rape and assault of the girl without anyone contacting the police. The behavior by the “bystanders” is truly atrocious and cowardly, to say the least, making them into criminals over it will not solve the root of the problem: that being the violent crime itself.
In ordinary circumstances, most people who witness a violent crime contact the police. We feel it is our obligation as a good citizen and as a moral person. However, in some parts of the world, or even in some parts of our State, contacting the police is not looked upon as good citizenship or being a moral person. In fact, it is strongly discouraged, to the point that one’s life is put in jeopardy. There are already laws against retaliating against a witness, and we also have the witness protection programs, so this is not a new issue. There are very legitimate reasons why some potential witness might not want to contact the police, especially when the police are not necessarily looked upon as the good guys in the white hats.
The fine Assemblymen wants to criminalize those potential witnesses, why? So they know better the next time they witness a violent act? Or is it so that they will be compelled to testify in that case as a convict? Most defense attorneys will make mincemeat of that witness without much trouble, thus accomplishing what again?
If the Assemblyman is serious about finding why some people report violent crimes and why some do not, he need only speak with police, district attorneys and defense attorneys and they will tell him why. It is because they don’t want to end up dead!
Once again the despicable case in Richmond shows us that making laws based upon one situation usually makes for a bad law. Presumably that case was not your typical case where witnesses don’t come forward because they feared for their safety. The attacked seems to have been a random act, not planned or premeditated, so those who witnessed this and did nothing, probably did so because of their own moral shortcomings. To make them into criminals over that does not solve their problems. Their problems can only be solved by looking deep into their souls and seeking to change what they see.
Criminalizing witnesses will not make people report violent crimes they witness. It will only make those witnesses into criminals and make it harder to prosecute the violent criminal.
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