Parties To A Crime Flashcards
Who is principal in the first degree?
The perpetrator of the crime. The person whose acts or omissions are the actus reus of the crime.
Must be present at the scene, if not will be treated as principal in the first degree if he arranges to have committed a criminal act through an innocent agent.
Who is principal in second- degree?
Person who is present at the commission of the crime and shares the principal in the first degrees’s intent that the crime be committed, or aids, abets, encourages, assists, or advise a principal in the first degree in the commission of a crime.
I’m your presence and subsequent flight not enough.
In felony cases - indicted, tried, convicted as 1st degree principal.
May not receive death penalty.
Who is accessory before the fact?
An accessory before the fact is not present during the commission of the crime. Assistance to the principal may be verbal encouragement, financial assistance, or physical assistance. Mere knowledge that the crime will result is not enough.
Felony- tried, convicted, etc as principal in 1st degree.
No death penalty.
Who is accessory after the fact?
Person who knows felony has been committed and ate or assists a principal in the first degree or accessory before the fact avoid or escape the prosecution.
Not subject to punishment for crimes committed by principal or accessory before the fact.
If homicide offense punishable by death, class 6 felony.
Any other felony, class one misdemeanor as long as he is not the spouse, parent, grandparent, child, grandchild, sibling, or servant to the principal or accessory before the fact.
Can accessory withdrawal effectively?
Yes, before competition, we draw such eight and encouragement, and not be criminally liable as long as the withdrawal is evidence by acts or wards showing other crime participants that he opposes the conduct.
What happens if accessory withdraws but the crime is completed?
There must be an independent calls to absolve the withdrawing party from criminal liability.
Can accessory before or after the fact beach right with principal in the first degree?
Yes, may be trite whether the principal in the first degree has been convicted or not.
It must be proven that the principal has committed a criminal offense (conviction not required) before accessory may be convicted.
Who will be criminally liable for any incidental probable consequences or crimes committed by principal in the first degree?
A principal in the second degree or accessory before the fact will also be criminal reliable for any incidental probable consequences or crimes committed by a principal in the first degree in furtherance of any crimes they contemplated committing together. The jury must decide whether defense is the natural and probable result of the intended wrongful act.
