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ACCOMPLICES Doctrine of Complicity < Associations in a wrongful act persons become liable for another = s conduct < Attributes the actus reus and the mens rea of one person to actions and intentions another <
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` Doctrine of Complicity cont = d PAccomplices <People who share in the guilt although, they do not engage in the criminal acts <Assume criminal liability in terms of degree of participation.
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COMMON LAW CLASSIFICATION Parties to a Crime <Principles (any person involved in the commission of a crime) <(1) Principals in the first degree BThose who actually commit the crime BOne who perpetrates a crime through their own act or; B
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Parties to a Crime Cont = d P(2) Principals in the Second Degree <Aiders and abettors present when crimes are committed Bi.e., lookouts, getaway drivers, co-conspirators <Individual is present actively or constructively
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Parties to a crime cont’d PAccessories P (3) Accessories before the fact <Incites or abets but is not present actually or constructively when the crime is committed BExample, gun, ski-mask, architect map or design.
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Accessories cont = d P4) Accessories after the fact <One who knows that a felony has been committed but, receives, relieves, comforts or assists the felon <Harboring fugitives
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MODERN STATUTORY TREATMENT P Abolished common-law distinction & terminology<
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United State v Mann 811 F.2d 495 PRule (1): aiding and abetting permits one to be found guilty as a principal for aiding or procuring someone else to commit the offense.
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PRule (2) Persons may be found guilty of aiding and abetting even though they did not commit all the acts constituting the elements of the crime charged. PRule (3) Not a prerequisite for conviction that principal be arrested and/or charged, or even identified.
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PMajority Rule: Those who aid and abet are principals and guilty of the same crime committed by the perpetrator.
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GENERAL RULE PDoes mere presence at a crime infer guilt as a participant in a crime?
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ACCOMPLICE LIABILITY Three Elements P Not necessary to find the principal guilty before conviction
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Pace v State(Principal in the First Degree?) Was he an accomplice? P General Rule 1: Where an intermediary person (the second or third party) is used the actor is not ordinarily a principal in the first degree
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P(a) Exception to the Rule: When the crime is accomplished by the use of an innocent or irresponsible nt or where the defendant causes a child, mentally incompetent or one without a criminal state of mind to activate the crime P General Rule 2: Principal is accountable for the acts or omissions of the innocent or irresponsible person.
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PGeneral Rule 3: There can be more than one principal in the first degree
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PRESENCE P General Rule 1: One's mere presence at the scene of a crime is insufficient to establish guilt. Ba. Exception: Where there is a legal duty to act, then "mere presence" does satisfy the actus reus requirement for criminal liability
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< G. Rule 2: One is liable as an accomplice to the crime of another if he: B(a) gave assistance or encouragement or failed to perform a legal duty to prevent it; B(b) with the intent thereby to promote or facilitate Bcommission fo the crime.
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