BY-NC-SA Since the rape of a 16-year-old girl in Richmond, local politicians have submitted two proposals that would change the age of the witness responsibility act. Currently the act makes it a crime to not report attacks committed on kids under 14 years of age.
Senator Leland Yee proposed extending the age of requirement to 18, while Assemblyman Pedro Nava’s proposal does away with the age limt altogether. The American Civil Liberties Union (ACLU) opposes Nava’s proposal saying that it would make it a crime to be at the wrong place at the wrong time.
Youth Radio spoke to Valerie Small Navarro, ACLU Senior Legislative Advocate about Nava’s proposal.
Youth Radio: Why is the ACLU against Nava's proposal?
Navarro: Current law makes it crime not to report to police certain crimes against young people under 14 years of age. The Nava proposal would make it crime not to report certain crimes against people of any age.
Americans value our liberty and the limitations on government. Our criminal justice system is designed to determine wrongdoing and wrongful intent. This bill, however, does not require either wrongful intent or a wrongful act. Someone who is merely at the wrong place at the wrong would be considered a criminal if they fail to report a crime they witness.
Youth Radio: How does this proposal affect people's rights?
Navarro: [It] makes it a crime to be at the wrong place at the wrong time if you fail to report what you have seen. This bill does not consider that people may have very good reasons not to report crimes. For example, some communities fear that law enforcement will [not] be able to protect them if they report on certain gang members. People may be traumatized by what they've seen. Immigrant communities may fear that contacting law enforcement agencies will result in being reported to immigration officials.
Youth Radio: How does the ACLU feel about Senator Yee's proposal, in which he extends the age of protection to 18?
Navarro: It is narrower than the Nava proposal (it requires people to report specific crimes against people under age 18), But, we still oppose any further criminalization of people who may be at the wrong place at the wrong time.
Youth Radio: Is Nava's or even Yee's proposal going too far? Does it run the risk of criminalizing vulnerable people who just happened to be at the wrong place at the wrong time?
Navarro: Yes, both bills go too far and they don't necessarily achieve the goal of increasing people's willingness to report crime. Criminalizing more people in this way does not improve public safety.
Youth Radio: Does the witness responsibility act need revision? If so what would you like to reflect?
Navarro: We do not believe this law can be fixed. Instead, we need to consider other options to encourage people to report crimes. To improve public safety we need a series of steps:
1. Individuals who report crimes must be truly protected.
2. Law enforcement agencies must work with communities to build and strengthen relationships.
3. Low-income communities need resources, such as increased employment opportunities so that people feel less marginalized and more willing to report crimes.
Encouraging individuals to report crimes is an important societal goal. However, California needs to take serious steps and actually make it safe for individuals and communities to report crimes rather than make criminals out of innocent bystanders who fail to report crimes.
Post new comment