Prevention of Public Offense
In some jurisdictions refusing to assist a sheriff or a peace officer in a situation where they deem it would be practically difficult to arrest an offender is deemed as an offense. Certain jurisdictions might treat it as a misdemeanour while others would charge you with aiding in abetting of a crime. The principle originated from Norman, England but has subsequently become part of common law. All persons are under legal obligation to assist a police officer or peace officer when so requested. In the United States, states have crafted laws that compel individuals to assist law enforcement officers when requested to varying levels of criminal punishment, from violation to misdemeanour.
Arizona Codes are no exemption from other jurisdictions within the United States. In Title 13-3802 captures the right to command aid for execution of process. It also stipulates punishment meted on people who resist process. Part A of the code states that when a sheriff or a public while executing his duties, for instance, lawful arrest is of the opinion that resistance will be made to execution of the process, the police officer or a peace officer may command the inhabitants of the county within that vicinity to assist in overcoming such resistance. What the law is not clear about is instances when the person to be arrested is armed and dangerous. In that case if the inhabitants fail to aid the officer effecting the rest, will they be criminally liable? Another thing that is not clearly stipulated is injuries sustained by the victim or the person aiding in making the arrests (Law9.com, 2015). In case of an injury to the victim who becomes criminally liable? If the victim gets injured, who becomes criminally liable? Part B of this code spells out punishment meted on people who refuse to assist officers in carrying out lawful duties. It asserts that the officer may certify to the court the names of those individuals and they may be proceeded against for contempt of court.
In Alaska, for instance, the Criminal Law Chapter 56, Offenses Against Public Administration, Section 720, spells out an offense somebody who refuses to assist a Peace Officer or a Judicial Officer commits. Part A of that section, states that a person who refuses to assist a peace officer or judicial officer in exercise of official duties, upon request, command, or order, while in full knowledge that he is a peace or a judicial officer commits engages in violation of the law (Law9.com, 2015). In section B of the same chapter, anybody who assists a peace officer or a judicial officer in exercising his official duties is not liable for civil damages as a result of an act of omission in rendering assistance.
Arkansas Criminal Offenses Against the Administration of Government clearly state in part A that anybody who while upon being commanded by a law enforcement officer unreasonably refuses or fails to assist in effecting a lawful arrest or preventing somebody from committing an offense commits an offense of refusing to assist a law enforcement officer which is a class C misdemeanour (Law9.com, 2015)
California Penal Code Section 142-181 stipulates that anybody above majority age who refuses to join the power of the county by failing to assist in arresting any person who for assistance might have escaped from legal detention or failing to prevent breach of peace upon being lawfully instructed by a uniformed peace officer is liable for punishment by fine ranging from 50-1000 dollars.
The Federal State of Florida law is very specific when it comes to command to aid a police or a peace officer in the sense that it identifies these officers as Florida Highway Patrol, police officer, beverage enforcement agent, and watchman. Anybody who refuses to assists these officers in executing the duties of their office with regards to criminal cases, preservation of peace, or apprehending somebody for breach of peace is guilty of a misdemeanour of second degree.
Reference
Law9.com. (2015). Arizona Codes and Statutes. Retrieved May 19, 2018 from www.laws9.com/statutes/arizona/title13/13-3802
Law9.com.(2015). Alaska Codes and Statutes. Retrieved May 19, 2018 from. www.laws9.com/alaska/title11/11-56
Law9.com. (2015). Arkansas Codes and Statutes. Retrieved May 19, 2018 from www.laws9.com/arkansas/title5/5-4109
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