التفاصيل البيبلوغرافية
| العنوان: |
Reporting Crimes and Arresting Criminals: Citizens' Rights and Responsibilities Under Their Criminal Law. |
| المؤلفون: |
Duff, R. A., Marshall, S. E. |
| المصدر: |
Criminal Law & Philosophy; Jul2024, Vol. 18 Issue 2, p557-577, 21p |
| مصطلحات موضوعية: |
CITIZEN crime reporting, CRIMINAL investigation, CRIMINAL law, CRIMINAL procedure, CRIMINAL justice system |
| مستخلص: |
Taking as its starting point Miri Gur-Arye's critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must include a responsibility to report one's own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law's enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen's arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to 'take the law into their own hands'? [ABSTRACT FROM AUTHOR] |
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