CHAPTER 7 PRINCIPALS, ACCESSORIES, AND ATTEMPT

Principal The person who actually committed the crime. The person who actually committed the crime.

PRINCIPAL IN FIRST DEGREE The person who actually commits the crime The person who actually commits the crime

PRINCIPAL IN SECOND DEGREE More than one actor in committing More than one actor in committing Takes less active role than 1st degree principal Takes less active role than 1st degree principal Ex. Getaway driver Ex. Getaway driver Can be tried even if principal in 1 st degree acquitted Can be tried even if principal in 1 st degree acquitted

CONSTRUCTIVE PRESENCE Helping principal and close by but not actually at scene Helping principal and close by but not actually at scene Involved in commission of crime Involved in commission of crime Ex. Get away driver Ex. Get away driver

ACCESSORY BEFORE THE FACT Helps Principal plan the crime Helps Principal plan the crime Provides resources Provides resources Advice Advice Counseling Counseling

ACCESSORY AFTER THE FACT Accessory after-the-fact – assists in avoiding capture Accessory after-the-fact – assists in avoiding capture Avoid Prosecution Avoid Prosecution Not involved with crime or planning Not involved with crime or planning Punishment not as harsh Punishment not as harsh

CODEFENDANTS Charged together Charged together May be tried together May be tried together

CONSPIRACY Coordinated group Coordinated group More resources than single party More resources than single party More ambitious goals More ambitious goals More serious crimes More serious crimes

Conspiracy Elements Agreement between 2 or more Agreement between 2 or more Work together to carry out illegal act Work together to carry out illegal act Agreement to take even legal action to further a crime Agreement to take even legal action to further a crime Overt act in furtherance of crime Overt act in furtherance of crime Completion not necessary Completion not necessary

Co-Conspirators Co-conspirators – Co-conspirators – Agreement between 2 or more Agreement between 2 or more Criminal purpose Criminal purpose Overt act in furtherance of conspiracy Overt act in furtherance of conspiracy

Overt Act Attributable to all conspirators Attributable to all conspirators Legal act qualifies Legal act qualifies

ACCOMPLICE Must act to aid assist abet in crime Must act to aid assist abet in crime

ACCOM /ACCESS CONSPIRATOR No agreement needed No agreement needed No coordination No coordination Actual aid Actual aid No Intent to plan No Intent to plan Agreement needed Coordination No actual aid Intent in plan

WHARTON RULE More actors required in conspiracy than required to commit the crime More actors required in conspiracy than required to commit the crime How many actors required to charge as conspiracy in prostitution charge? How many actors required to charge as conspiracy in prostitution charge?

RICO/GANGS Rico = Federal Prosecution Rico = Federal Prosecution Gangs = State Prosecutions Gangs = State Prosecutions

SOLICITATION Request for someone to engage in criminal activity. Request for someone to engage in criminal activity. Ex. Prostitution Ex. Prostitution

Attempt Intent to engage Intent to engage Substantial step towards commission Substantial step towards commission Defense: Voluntary abandonment Defense: Voluntary abandonment Attempting to commit a crime is a crime in itself. Attempting to commit a crime is a crime in itself.

Paralegal Tip Unauthorized practice of law Unauthorized practice of law

Attempt Attempt – Attempt – with criminal intent, taking a substantial step toward accomplishing the crime with criminal intent, taking a substantial step toward accomplishing the crime Note: Legal test = substantial step Note: Legal test = substantial step But for police / failure, would have accomplished the crime But for police / failure, would have accomplished the crime No overt evidence / announcement of abandoning crime No overt evidence / announcement of abandoning crime