Parties to Crime Flashcards
What is Agency?
A relationship in which one person acts for another
Within Agency, what constitutes an Agent?
The person who is authorized by another to act
Within Agency, what constitutes a Principal?
The person who directs or permits the Agent to act
Within Agency, what is the liability of the Principal if the Agent commits a crime?
If the the Principal directed the Agent to commit a crime, the Principal is guilty
What is Corporation Liability?
Corporations may be held liable for an act performed by 1) an Agent of the corporation acting within the scope of his office or employment, or 2) a corporate Agent high enough in hierarchy to presume his acts reflect corporate policy
Within Principals, Accessories and Accomplices, what is a Principal?
The person who actually engages in the act that constitutes the crime.
A principal is any actor who is primarily responsible for a criminal offense.
Within Principals, Accessories and Accomplices, what is an Accomplice?
The person who aids or encourages before or during a crime.
Examples of actions that qualify as the accomplice criminal act are helping plan the crime, driving a getaway vehicle after the crime’s commission, and luring a victim to the scene of the crime.
Accomplices are more connected to the crime itself than accessories. The key difference between accessories and accomplices is that accessories are not present at the crime scene, while accomplices are present and usually have an integral part in the criminal act.
Within Principals, Accessories and Accomplices, what is an Accessory After the Fact?
The person who aids another knowing that he has committed a felony for the purpose of escaping arrest, trial, or punishment.
An accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has, in fact, committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid arrest or punishment.
Accessories are usually people who cover up the crime after it has been committed. A common designation you may have heard is someone being charged as an “accessory after the fact.” This can mean hiding stolen money or providing safe harbor to the principal or accomplices to avoid capture by the authorities.
What is the Mens Rea of Principals, Accessories and Accomplices?
Specific Intent. Intent to aid or encourage that crime. The desire that the principal commit the crime. Specific Intent can also be found if the person has a stake in the venture or outcome, or if he breaks the law.
Within Principals, Accessories and Accomplices - Mens Rea, what is the difference between Specific Intent and mere Knowledge?
Mere knowledge that a crime may result from aid is insufficient
Within Principals, Accessories and Accomplices, what is the Liability for an Accomplice?
Liable for 1) all crimes aided, and 2) all crimes that were foreseeable
Within Principals, Accessories and Accomplices, what is the Liability for an Accessory After the Fact?
Separate crime that does not tie into the felony committed by the principal
Within Principals, Accessories and Accomplices, what defenses are available to Accomplices?
1) Withdrawal/abandonment 2) Member of a protected class ( if a criminal statute is established to protect persons in a particular category, a person within that category cannot be convicted as an accomplice)
Within Principals, Accessories and Accomplices - Defenses, what constitutes Valid Withdrawal by an Accomplice?
1) Repudiate any encouragement 2) If a material item has been supplied, must attempt to retrieve that item 3) If (1) or (2) are impossible, must notify authorities 4) the crime must be preventable (not prevented, but notification before it is impossible to prevent)
