Samaha Chapter 7 Smith

Samaha Chapter 7 Smith - Criminal Law Criminal Chapter 7...

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Criminal Law Criminal Law Chapter 7 Chapter 7 Parties to a Crime and Vicarious Liability Parties to a Crime and Vicarious Liability CRJU E314 Criminal Law CRJU E314 Criminal Law Spring 2011, Spring 2011, Mr. Smith Mr. Smith
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The General Concepts Accomplice Liability Participants before and during the commission of a crime are all considered equally guilty of the crime itself. In many jurisdictions today, the term “accomplice” is reserved for persons who participate before and during the commission of a crime. In those jurisdictions, the term “accessory” is used only for those who participate after the commission of the crime. (i.e. accessories after the fact) Participants after the commission of a crime are generally guilty of a separate, but less serious, offense. Vicarious Liability A party can be held criminally liable, without actual participation in the commission of the offense, because of that party’s relationship with the wrongdoer.
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Accomplices at Common Law At common law, one was considered to be an accomplice in the commission of a crime if he intentionally assisted another in the commission of the crime. Accomplice activity included aiding, abetting, encouraging, soliciting, advising, or procuring the commission of the offense. Accomplice liability was considered “derivative” in nature and, in general, the accomplice could be convicted of any offense committed by the primary party with the intentional assistance of the accomplice. Today most jurisdictions extend accomplice liability to any offense that was a natural and probable consequence of the primary crime solicited, aided or abetted by the accomplice. (e.g. Murder resulting from an Armed Robbery)
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Common Law: Parties to a Crime At common law, there were four classifications of the parties to a crime: Principal in the first degree Principal in the second degree Accessory before the fact Accessory after the fact
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Principal in the First Degree A “principal in the first degree” is one who, with the requisite mens rea for the offense: (1) physically commits the acts that constitute the offense; or (2) commits the offense by use of an “innocent instrumentality.” The “innocent instrumentality” rule provides that a person is the principal in the first degree if, with requisite mens rea for the offense, he uses a non-human agent (e.g., a trained dog) or a non-culpable human agent to commit the crime.
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Principal in the Second Degree A “principal in the second degree” is one who intentionally assisted in the commission of a crime in the presence, either actual or constructive, of the principal in the first degree . A person is “constructively” present if he is
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This note was uploaded on 02/20/2012 for the course CRJU E314 taught by Professor Mr.smith during the Spring '11 term at South Carolina.

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Samaha Chapter 7 Smith - Criminal Law Criminal Chapter 7...

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