Persons Involved in Criminal Acts Flashcards
Principal in the First Degree
Under common law, a principal in the first degree is one who personally performs the actus reus of the crime.
Principal in the Second Degree
nder the common law, a principal in the second degree is one who does not personally perform any actus reus of the crime, but who is actually or constructively present and who aids and abets in the commission of the crime.
Principal
Modernly, most jurisdictions have abandoned the common law title of “principal in the first degree” and refer to the person who commits the actus reus of the crime simply as a “principal.”
Constructive Presence
Constructive presence is presence that is legally imputed to one who, while not physically present during an act, is so situated as to give assistance to the perpetrator. For example, a lookout or the driver of a getaway car during a robbery is constructively present at the crime.
Aid and Abet
To aid and abet means to knowingly or intentionally assist in or facilitate the commission of a crime.
Accessory
An accessory is one who knowingly counsels, commands, encourages, or aids in the perpetration of a crime, but who is not present during the actual crime.
Accessory before the Fact
An accessory before the fact counsels, commands, encourages or assists prior to the actus reus of the crime and is not present during the commission of the crime.
Accessory after the Fact
An accessory after the fact is one who was not present during the commission of the crime, but who provides aid with knowledge that the crime was committed, for example, by aiding the felon in avoiding arrest, conviction or punishment.
Accomplice
Modernly, most jurisdictions have abandoned the common law titles of “principal in the second degree” and “accessory before the fact,” and refer to one who intentionally and knowingly participates or assists in the commission of a crime as an “accomplice.” In the minority of jurisdictions which still use the term “accessory before the fact,” an accomplice is one who participates or assists in a crime and who is present during the crime.
Accomplice Liability
nder the theory of accomplice liability, accomplices are guilty of the target crime and, in most jurisdictions, are also guilty of all acts by all accomplices or principals which are in furtherance of the target crime and all additional crimes which are a natural or probable consequence of the target crime.
Misprision of a Felony
Under common law, misprision of a felony is the nondisclosure of the known felony of another. However, modernly it is the concealment of a known felony of another.
Compounding the Crime
Compounding the crime involves the acceptance of anything of value under an unlawful agreement not to prosecute a known offender, or to limit or to otherwise hinder the prosecution of his case.
