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 Ojom
member
 
Registered: 10/27/99
Posts: 509
Last seen: 1 day, 2 hours
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 Forced to file police report?
#8325653 - 04/25/08 01:14 AM (5 months, 9 days ago) |
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In the U.S. in general, and in TN specifically, can you be forced to file a police report / make a statement to police when you are the victim of a crime?
And on a side note, are there any laws relating to when hospitals can deny someone care?
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Chemy
Registered: 10/05/07
Posts: 5,705
Loc: Baltimore, MD
Last seen: 3 hours, 57 minutes
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Re: Forced to file police report? [Re: Ojom]
#8329111 - 04/26/08 12:02 AM (5 months, 9 days ago) |
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There are a few states where if you don't notify police that a felony has been committed that you witnessed, that itself is felony.
Witnesses can be forced to testify at trial.
Private hospitals can deny someone care. Not sure of loopholes with public hospitals.
Wouldn't you know this?
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 johnm214
Registered: 05/31/07
Posts: 6,352
Loc: Americas
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Re: Forced to file police report? [Re: Chemy]
#8329216 - 04/26/08 12:50 AM (5 months, 8 days ago) |
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Chemy's right, though it probably couldn't be applied to you if you were guilty of the crim you were reporting as a fifth amendment thingy, though I believe hit and run reporting laws have been upheld, so who knows. If you give more informaiton you could get a better response
As for hospitals, any hospital that has an emergency room or similar facility must accept all people. They must be given an evaluation, 99% sure its by a physician, and then provided with stabilizing treatment.
In practice, however; they do more than that, because its hard to determine what needs to be done without a full workup and treatment. As the patient can sue, they try to cover their bases. So if you were stabbed, but it seemed like you were ok, they could refuse care and just give you an antibiotic, BUT if it turned out you were slowly bleading and died, they'd get screwed in court, same if you developed a crazy infection, so in practice they do the full monty unless the case is obviously bullshit.
I worked at a public hospital, but still wasn't a free care zone, and we only turned away people rarely. The docs were afraid of missing something. You kinda have to do all the diagnostic studies to figure out if they need stabilizing, and that's what costs all the money anyways- and time, so they usually just do everything anyways as its not worth it to gamble.
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Ojom
member
Registered: 10/27/99
Posts: 509
Last seen: 1 day, 2 hours
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Re: Forced to file police report? [Re: johnm214]
#8335537 - 04/27/08 08:33 PM (5 months, 7 days ago) |
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The situation was like this. The victim met a random person at a gas station offering, drug A. The victim declined drug A, but offered to buy drug B instead. Drug B was supposedly available, but not at that location. Buyer and seller proceeded to travel to another location together to obtain drug B.
There was no drug B, it was a setup to rob the purchaser. Instead of just brandishing a gun and demanding money, the "seller" hit the "buyer" on the back of the head, presumably with a gun, but not hard enough to knock him out. The "buyer" acting on the adrenaline rush resulting from having been attacked then proceeded to run away to a nearby gathering of young adults having a party, where he realized he was bleeding profusely from the back of his head. Since the buyer and seller traveled to the location together, the robber/seller was transported from the scene by someone else, at which time the buyer returned to his car and proceeded home.
Once home the victims wife insisted he receive medical attention. She drove him to a hospital where he was admitted to the ER and eventually received 7 staples in the back of his head.
The victim had no intention of reporting this incident to the police for obvious reasons. Unfortunately for the victim there was either a police officer at the hospital, or the hospital called one to take a police report, because the incident was reported to the hospital as a robbery attempt. While in a bed at the ER awaiting medical attention a police officer came in wanting a police report. Not knowing how to deal with the situation, and being unwilling to tell the truth about the situation (the victims wife doesn't know the truth of the situation), and not being willing to confess his own criminal activity to the police, the victim gave the police a half-true report of the crime, which, again unfortunately for the victim, could be easily verified as being false by a perusal of the gas stations video recordings.
Could the victim have refused to speak with the police officer in his hospital room, and still expected to receive care for his wound from the hospital? Would a refusal to submit a police report be viewed suspiciously by the police? Might they have spent more time looking into the situation because of a victims refusal to report the event than if the victim merely gave them some crap story?
These events happened many months, if not over a year ago and nothing has come of the situation, except a scar on the back of the victims head. The police attempted to contact the victim a few times, but their phone calls were never returned and that was the last heard of the situation.
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fastfred
Registered: 05/17/04
Posts: 4,326
Loc: Dark side of the moon
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Re: Forced to file police report? [Re: Ojom]
#8336258 - 04/28/08 12:00 AM (5 months, 7 days ago) |
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> Could the victim have refused to speak with the police officer in his hospital room,
Yes, of course. Unless you are subpoenaed and put on the stand in a court of law you don't have to say anything except to identify yourself to the police.
By talking to the police the victim committed the crime of "filing a false police report" and possibly obstruction of justice. They may well file charges on the victim or possibly uncover his illegal activities during investigation and charge him with two crimes.
Usually when they catch someone lying it's to cover up a crime, which is why they usually will do some investigation. People with serious injuries are also often involved in some sort of criminal activity and often sustain injuries during the commission of the crime.
> and still expected to receive care for his wound from the hospital?
Of course. Dealings with the police have no bearing on medical treatment.
> Would a refusal to submit a police report be viewed suspiciously by the police?
Not really. Lot's of times people don't want to talk about the dumbass shit that leads to them being in a hospital. What does it matter what the cops think anyways? If you tell them nothing then they have nothing to go on.
-FF
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It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy
The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed
"If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP)
I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid
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