FOCL Practice Test

What likely charge applies to a witness who fails to report a known felony?

1. Accessory to a Crime

2. Failure to report a felony

3. Negligence

4. Conspiracy

The correct answer is: Failure to report a felony

A charge of failure to report a felony applies to a witness who is aware of a crime that has taken place and does not inform the authorities. This legal obligation varies by jurisdiction, but many legal systems hold that if a person has knowledge of a serious crime, they may be required to report it. The rationale behind this is to promote public safety and the effective administration of justice; allowing a felony to go unreported can hinder law enforcement's ability to investigate and prevent further crimes. In contrast, other options like accessory to a crime involve actively participating in the crime or helping the perpetrator, which is a different legal concept. Negligence refers to a failure to exercise the care that a reasonably prudent person would under the same circumstances, and conspiracy involves an agreement between two or more parties to commit a crime. None of these adequately capture the responsibility of a witness in the context of failing to report a felony.