Is aiding a fugitive in a hostage situation illegal, if it's for the hostage's safety?
Asked by
Phobia (
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March 6th, 2011
Curiosity got to me after watching half an episode of Law and Order. Here was the situation:
The fugitive kidnapped a man’s wife and child (cliche, I know) and used them as leverage to have him do the fugitive’s biddings. The man agreed to help for the safety of his family.
If the man broke any laws during this time, would he be trialed for it or is he also considered a hostage?
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6 Answers
Depends what he does… calling John…
The District Attorney decides what charges to file. I don’t think there is any law that gives relatives of hostages carte blanche to break laws, but there might be some precedents or common principles that get used.
Morally no…legally it depends if the DA will accept your action as a moral obligation.
It would depend on the specific situation, but before charges are pressed the DA would definitely take into consideration that the man was under extreme duress.
In the U.S., the law varies by state, and it depends on the crime. Generally, you’ll be able to have your liability reduced in some way shape or form. However, this isn’t a defense in most cases (meaning that a person can be found not guilty) but rather an excuse (meaning that a person is guilty of committing the crime, but we shouldn’t hold them accountable or as accountable as normal).
As @iamthemob states, the mental duress that the participant finds himself under, and the amount of pressure or coercion that the ultimate criminal used to force the person to do his will would be factored into the DA’s determination of whether or not the mens rea (guilty mind) existed to form the basis of “a crime” in the first place.
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