Apparently my choice of words confused some readers when I wrote that once “The Ethicist’s” inquirer in this post was made aware of a serious fraud (and an ongoing one) perpetrated by a close friend, she had become an accessory after the fact. That’s a legal term of art and I was careless to use it in nontechnical context. Almost no one is ever charged as an accessory for not blowing the metaphorical whistle, but the woman nonetheless shared responsibility for the harm done by the ongoing fraud by knowing about it, having the ability to stop it, and not doing so, thus letting it continue.
The duty she breached was an ethical one, not a legal one. As I said, I should have been clearer.
I am reminded of a personal experience that might clarify the issue further. I may have even related this story in another post; if so, I can’t find it, and it is worth repeating.
A lawyer friend contacted me for advice. He had been meeting with a client at the client’s home, and overheard, in the kitchen, a loud argument between his client and his wife culminating in what sounded like a hard punch in the face, the woman crying out in pain, and someone falling on the floor. My friend said he had said nothing, but was increasingly bothered by what he heard.
Ethics Alarms 