Crim Law - Persons Criminally liable Flashcards
Principal by direct participation
- Participated in criminal resolution
- Carried out plan and personally took part in execution
Principal by inducement
- Directly induces or forces another to commit an offense
- Indirectly induces by offering a reward or using words of command
Principal by indispensable cooperation
-Before/during the commission of the offense
-Assist PdBP to commit offense
-Assistance is necessary in commission of offense
-With knowledge of criminal intent
Accomplice
- Community of design
- Cooperates in the offense by previous or simultaneous acts supplying material or moral aid
- relation between acts of done by principal and those attributed as accomplices
Community of design
Knows and concurs with criminal intent
Accessory
- Have knowledge of the commission of the offense
- Without participating as principal or accomplice
- Take part subsequent to its commission by:
a. profiting themselves/assisting offender in profiting
b
Accessory
- Have knowledge of the commission of the offense
- Without participating as principal or accomplice
- Take part subsequent to its commission by:
a. profiting themselves/assisting offender in profiting
b. concealing body of crime to prevent discovery
c. harboring, concealing or assisting escape of principal
Accessory as a public officer
- Accessory is a public officer
- Harbors, conceals or assists the escape of the principal
- Public officer acts with abuse of public function
- Crime committed by principal is not a light felony
Accessory as a private person
- Accessory is a private person
2.Harbors, conceals or assists the escape of the principal - Crime committed is (THAMP)
a. Treason
b. principal is Habitual Delinquent
c. Attempt against life of President
d. Murder
e. Parricide
Conspiracy
- 2+ persons came into an agreement to commit an offense
- decide to commit a felony
Chain Conspiracy
there is successive communication and cooperation in much the same way as with legitimate business operations between manufacturer and wholesaler, then wholesaler and retailer, and then retailer and consumer.
Wheel Conspiracy
1 person or group of persons (The Hub) deals with 2 or more persons or group of persons (the spokes)
Total Extinction of Penalty
Death
Service of Sentence
Amnesty
Absolute Pardon
Prescription of Penalty
Prescription of Crime
Marriage of offended woman
Death
Extinguishes Criminal liability because a penalty is personal
If accused dies while pending appeal, criminal and civil liability is extinguished
Amnesty
Act of sovereign power granting oblivion or general pardon for a past offense
Absolute Pardon
An act of grace which exempts the individual on whom it is bestowed from punishment that the law inflicts
Prescription of Crime
forfeiture or loss of the right of the state to prosecute the offender after a certain time has lapsed
Prescription of penalty
Loss or forfeiture of the government to execute a final sentence after a lapse of certain time
Marriage of offended woman
-For crimes pf rape, seduction abduction or acts of lasciviousness
-Marriage must be contracted in good faith
Words of command
Words so efficacious, so powerful, so moving as to amount to physical or moral coercion
Pardon v Amnesty (6)
- Type of offense
P: Infractions of Peace or private crimes
A: Public Crimes - Grantee
P: Individual
A: Class of persons - Congress’ Concurrence
P: Not Needed
A: Needed - Act of Grantee
P: Distinct acceptance of grantee needed
A: not needed - As to judicial notice
P: Not needed bc not a public act. Private act of the President
A: Courts take judicial notice bc it is a public act - As to effect
P: Relieves offender from consequences of offense
A: Abolishes offense
