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Study Notes- Criminal Defenses

If a jury acquits the alleged perpetrator of a crime

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Unformatted text preview: in conduct constituting a felony or a misdemeanor involving a breach of the peace of obstruction of justice Complicity • Accomplice liability: a person is an accomplice if she intentionally assists another person to engage in the conduct that constitutes the offense. A person assists in an offense is she solicits crime or if she aids it its commission o An accomplice is liable even if the crime would have occurred without her assistance. A person may be an accomplice merely by providing psychological encouragement to the perpetuator o A person present at crime scene, even if she is present in order to aid in commission of the offense, is not an accomplice unless she IN FACT assists in the crime. In some circumstances, a person’s presence could provide psychological encouragement to the principal, which is enough to count as accomplice. o o o o One may be an accomplice by failing to act to prevent a crime when she has a duty to so act. Foreseeable consequences Primary actor commits another crime that was a foreseeable consequence of primary crime NATURAL AND PROBABLE CONSEQUENCE DOCTRINE Once prosecutor proves that A was accomplice of P in commission of Crime 1, A is also responsible for any other offense committed by P that was a natural and probable consequence of Crime 1. If a jury acquits the alleged perpetrator of a crime on the ground that he was justified in his actions, then the accomplice should also be acquitted, as this means she aided...
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