Themis Essay 842 Flashcards
A principal is the person whose
acts or omissions are the actus reus of the crime.
An accomplice is a person who,
with the intent that the crime be committed, aids or abets a principal prior to or during the commission of a crime.
The difference between an accessory before the fact and a principal in the second degree is
presence.
An accomplice who is physically or constructively present during the commission of a crime is
a principal in the second degree.
An accessory before the fact is
an accomplice that is neither physically nor constructively present during the commission of a crime, but who, provided verbal encouragement, financial assistance, or physical assistance to the principal prior to the commission of the crime.
An accomplice is responsible for
the crime committed to the same extent as the principal.
If a principal commits crimes other than the crimes for which the accomplice has provided encouragement or assistance, then
the accomplice is liable for the other crimes if the crimes are the natural and probable consequences of the accomplice’s conduct.
An essential element of proof of criminal conduct is
the mens rea, or criminal intent to commit the criminal act, the actus reus.
A defendant will remain liable for the commission of a criminal act, regardless of
if the intent was to harm an individual, but actually hurts another person.
While specific intent is required for aider and abettor liability for specific intent crimes, there can still be aider and abettor liability for
a crime which requires neither specific intent nor malice.