hearsay

[quincy]

There was a woman who was marginally acquainted with people in my circle (our kids went to the same school) she had a habit of making police reports (and CPS reports, and animal welfare reports etc) because she got angry with someone. There was always something in the reports that was plausible enough that it would cause an investigation, but everything would end up being proven to be untrue.

She ultimately was arrested when one of her victims got angry enough to make a big enough stink. She spent 30 days in jail (no one would post bond for her) and then plea bargained to 3 years probation.

So yes, I do believe that if someone is aware of a murder that might have happened or other quite serious crime, then of course they should report it even if they got the info second or third hand. However for more minor things, I wouldn't do it. Maybe the risk of false reporting isn't great, but I still wouldn't do it.

You don’t have to, then. A lot of people would rather remain silent than potentially embarrass themselves by reporting what they think might be a crime.

 

[LdiJ]

You don’t have to, then. A lot of people would rather remain silent than potentially embarrass themselves by reporting what they think might be a crime.

Its not "embarrassing" to report something that might be untrue. Its seriously messing with a person's life. I don't mess with other people's lives lightly.

 

[quincy]

Its not "embarrassing" to report something that might be untrue. Its seriously messing with a person's life. I don't mess with other people's lives lightly.

You don’t have to, then. Unless, of course, you are a mandatory reporter and you suspect child abuse or neglect.

 

[cbg]

It is more fun to invent possible scenarios.

Just thought I'd mention it. Very well then. Carry on.

 

[Taxing Matters]

A police report is neither true nor false.

Certainly some police reports are indeed false, and the person making the report knows it at the time. Most every state makes doing that a crime, and there are occasions in which people are prosecuted for that.

 

[westside]

If someone knows of, or suspects, criminal activity, it is rarely a good idea to keep silent.

I would argue the standard is different between knows and suspects for a lot of "criminal activity"

 

[quincy]

Certainly some police reports are indeed false, and the person making the report knows it at the time. Most every state makes doing that a crime, and there are occasions in which people are prosecuted for that.

That was already noted. The qualified privilege that covers reports to the police (and to CPS, etc) must be exercised properly. The reports must be made in good faith, without actual malice.

Actual malice is a difficult element to prove in any case. It goes to the prior knowledge of the reporter and the reporter’s intent.

From Black’s Law Dictionary, Malice: The intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury or under circumstances that the law will imply an evil intent.

From Black’s Law Dictionary, Qualified (or Conditional) Privilege: Qualified privilege may be claimed where the communication is related to a matter of public interest, or where it was necessary to protect one’s private interest and was made to a person having an interest in the same matter. Qualified privilege will protect the speaker or publisher unless actual malice and knowledge of the falsity of a statement is shown.