Parties to a Crime Flashcards
(46 cards)
What is the general rule for punishing parties to misdemeanors versus felonies?
For misdemeanors, almost everyone involved is punished as a principal. The distinctions between principals and accessories primarily apply to felonies
Can individuals be charged as a principal in the second degree or an accessory for an attempted crime?
Yes, individuals can be charged as a principal in the second degree or an accessory for an attempted crime, just as they can for a completed crime.
What distinguishes a “Principal” from an “Accessory” in the context of a crime?
Accessories are not present during the crime itself but provide assistance before or after the fact
Define “Principal in the First Degree.”
A Principal in the First Degree is the person who actually commits the crime, meaning they perform the acts that satisfy the elements of the criminal statute. If multiple people commit elements of the offense, they can all be principals in the first degree (e.g., DC sniper case: one shoots, one spots and directs when to shoot).
What happens if someone causes an innocent or unwitting person to commit a crime?
The person who causes the innocent party to commit the crime is considered a Principal in the First Degree (e.g., kidnapping a wife to force the husband to rob a bank, or an adult getting a juvenile to commit an act).
How are a “Principal in the Second Degree” and an “Accessory Before the Fact” generally treated in terms of punishment compared to a Principal in the First Degree?
A Principal in the Second Degree and an Accessory Before the Fact are generally treated the same as a Principal in the First Degree for punishment purposes
What are the elements required to be a “Principal in the Second Degree”?
- Commission of the crime (attempt is still a crime).
- Actual or constructive presence during the commission of the crime.
- Shared criminal intent with the principal in the first degree.
- Encouragement, incitement, or offering aid in the commission of the crime.
Note: No requirement for active participation; merely being present and ready to assist can suffice.
Does a Principal in the Second Degree need to be geographically at the immediate crime scene? Provide examples.
No, as long as they are playing a role during the commission of the crime.
Examples:
* Lookout.
* Getaway driver.
* IT person miles away unlocking doors, changing security cameras, or manipulating traffic lights during the crime.
If an IT guy is miles away disabling security systems before a robbery, what is his likely classification?
Accessory Before the Fact, because he is not playing a role during the commission of the crime.
Can an Uber driver who unknowingly drives robbers to a bank be a Principal in the Second Degree? What if they find out mid-ride and agree to help?
If the Uber driver is unknowingly present, they lack the shared criminal intent and would not be a Principal in the Second Degree. However, if they become aware of the criminal plan midstream and agree to assist (e.g., by waiting as a getaway driver), they can join the crime and be considered a Principal in the Second Degree.
Is mere presence at the commission of a crime enough to be a Principal in the Second Degree?
No, mere presence is not enough. There must be:
* An overt act of assistance, OR
* Demonstrated countenance and approval, where the person knows the principal’s intent, accompanies them, and does not intervene (though not intervening alone is insufficient; more support is needed, like words, gestures, looks, signs, or any form of approval
Example: Mark tells Stan he needs to stop by a bank and asks Stan to “help me out!” Stan says, “do what you gotta do.” Mark robs the bank, returns, Stan drives away and accepts $200 to keep quiet. Is Stan a Principal in the Second Degree?
Yes. Stan was present, his statement “do what you gotta do” can be seen as encouragement/approval, he aided in the escape by driving, and he accepted fruits of the crime.
If a person is present during a crime, helps cover it up afterward, and receives some of the proceeds, but claims they were scared and had no choice, can they still be a Principal in the Second Degree?
Yes, they can be. Factors like avoiding detection, receiving fruits of the crime, being present without disproving involvement, and maintaining contact with the primary perpetrator can all contribute to a finding of being a Principal in the Second Degree, despite claims of fear. (Based on the hitchhiker example)
If someone involved in a crime says, “Whatever you do, don’t shoot her!” but a shooting occurs, can they still be responsible as a Principal in the Second Degree for the unintended shooting?
Yes, they can still be responsible for unintended offenses if those offenses were reasonably foreseeable consequences of the planned crime. (“If you buy a ticket, you’re along for the whole ride,” as long as the outcome is reasonably foreseeable).
Define “Accessory Before the Fact.”
An Accessory Before the Fact is someone who encourages, incites, or aids in the commission of a crime but is not present (actually or constructively) during its commission. This can include verbal planning or masterminding the crime.
Example: A woman was previously raped. Her friend had offered to shoot her rapist. She later wiped her phone, tried to meet up with the victim, heard gunshots (and hoped the victim wasn’t shot but didn’t call him). Is she an Accessory Before the Fact?
Yes, likely. Based on the totality of circumstances, her actions (wiping phone, past offer from shooter, trying to meet victim) could be seen as inciting or encouraging the commission of the crime. The level of incitement or encouragement doesn’t need to be high.
If the woman in the previous example (Accessory Before the Fact) had texted the shooter during the commission of the crime, how might her classification change?
She could potentially be classified as a Principal in the Second Degree because texting during the crime could be seen as playing a role or offering aid during its commission.
Is an Accessory Before the Fact responsible for all crimes committed by the principal?
An Accessory Before the Fact is responsible for all probable consequences of the planned crime (e.g., if someone murders during a robbery they helped plan).
Define “Accessory After the Fact.”
An Accessory After the Fact is someone who provides assistance after a crime has been completed, with knowledge of the felon’s guilt, to aid or relieve the felon in some way (e.g., helping them escape or hide evidence).
What are the typical elements for being an Accessory After the Fact?
- A felony has been completed.
- The accused must know that the felon is guilty of the felony.
- The accused must aid or relieve the felon in some way (e.g., to avoid arrest, trial, or punishment).
Willful ignorance to the facts is not a defense.
Are there familial exceptions for being charged as an Accessory After the Fact?
Yes, typically spouses, parents, grandparents, children, grandchildren, and siblings are excluded from being charged as Accessories After the Fact for merely harboring or assisting a relative. However, they can still be charged if they committed a separate crime while helping (e.g., obstruction of justice)
D lets friends borrow his car. They return with stolen items (VCR, liquor, stereo). D helps them unload and hide the items. What is D?
D is likely an Accessory After the Fact, assuming:
- The felony (e.g., larceny, burglary) was complete.
- D knew his friends were guilty (inferable from helping hide stolen goods).
- D aided them by helping unload and hide the items.
If someone drives a shooter away from a scene, and the victim dies days later in the hospital, what can the driver be charged with regarding “Accessory After the Fact”?
The driver could be an Accessory After the Fact to the malicious wounding (which was complete at the time of assistance) but NOT to the murder, because the murder was not complete until the victim died days later. Assistance must occur after the specific felony is complete.
Can “aiding and abetting” be a substantive offense? Provide an example
Yes, some statutes incorporate aiding and abetting directly into the definition of the crime. For example, an arson statute might state “aids, counsels, or procures” the burning. In such cases, the person doing the aiding is committing the substantive offense.
