refuting devils advocate:
Scenario. TLM thinks someone owes her money or drugs.
Takes TS; tells MTR babysitting. TS acts normal.
MTR goes to care home to pick TLM up where she told him to.
TLM contacts that someone and says a. give me money or b. return drugs You have til such and such a time or you don't get TS back.
Something goes wrong. The "someone" a. can't get the money together b. no longer has the drugs.
Meanwhile someone else has called LE; didn't know there was this bargaining going on.
MTR stops for money, he likes to have it on him. TLM says great I have to go to HD for something. MTR doesn't question.
The first someone tells TLM; police have been called, drop her off somewhere.
TLM thinking about what to do; tells MTR TS is kidnapped. Asks MTR to find somewhere quiet so she can think things out. MTR takes her to the rural spot. He goes for a walk and thinks about the crap position he has been put in.
TLM gets panicked, thinks about jail...kills TS. She is pissed, everything has gone wrong, wrong wrong. She takes it out on TS. She regains composure; then thinks I can blame it on MTR.
MTR returns from walk; holy crap TLM killed her. TLM tells him help me clean up or I will have my gang after you. Her gang told her not to let those others get away with stiffing her.
Covers up crime.
MTR cleans up; still pondering what he should do. He is afraid of this murderer and her gang
Goes about her life til picked up by LE on probation violation.
MTR knows he is in between rock and a hard place so he keeps on TLM good side and visits etc so she doesn't sick her gang on him or his family, lies to LE and hopes that nothing will lead back to them
How would defense get past;
a. he did not have the right to have TS in his car; he may have thought he did, but legally he did not...it is kidnapping as he did not have the permission. Or is that not legally the case.
b. when he was informed TS was kidnapped, at that very moment of finding out; why did he not 1. protect Tori from the kidnapper ie never leave her for a moment with TLM 2. call police 3. flat out refuse to clean up and leave the area and call LE Fear is not an excuse to disobey the law, is it? In the immediate sense he was bigger than TLM, had a knife. So he failed to protect TS, didn't report the crime, messed with a crime scene, and lied to LE during a crime investigation, and got rid of evidence...because he was afraid of his immediate self or fear of down the road of TLM and her gang. Did she have a gun? Could he have not crashed the car if that was the case.
Was he truly more afraid of TLM at that moment and her gang in the future than he would be of LE, prison, the disgust of society and his family?
Legal experts, IF a scenario like that presented itself, would the law excuse his illegal behavior because he was afraid for his safety?? Second thought perhaps if in hands of a jury it would depend on how they feel?
The judge would I guess lay down guidelines for the law.
Not so sure the law would allow you to let a young life pass because you knowingly leave the child with a kidnapper alone and not be held legally accountable or allow you to cover it up out of fear and not be held legally accountable. JMO Does anyone know where the law stands on that?
If that were the case then the charges would be what? MOO
Perhaps Otto can speak to the legal aspects in a scenario such as that. You seem to have a good grasp of the law and lawyery stuff :O)