Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
9 Cards in this Set
- Front
- Back
|
All persons are guilty of a crime who...?
|
1. Commit the act constituting the crime (primary actors)
2. Participate in it (aiders/abettors/accomplices) either before or during its commission 3. Use an innocent agent to commit it. |
|
|
What if someone assists the primary actor after the crime is complete?
|
It does not create liability for the crime.
|
|
|
Elements of liability as Aider or Abettor or Accomplice
|
1. Participation in the offense and
2. With the required intent |
|
|
What is participation?
|
Encouraging or assisting the primary actor.
|
|
|
Is presence at the scene of commission of crime sufficient for participation?
|
No, not enough. BUT presence pursuant to an AGREEMENT to aid is sufficient to show participation.
|
|
|
What kind of intent must the aider/abettor have?
|
He must:
1. Know the primary actor is going to commit the offense, AND 2. Intent (want) to encourage or assist him in doing so. |
|
|
What's best to look for in determining whether someone is an aider/abettor?
|
Look for evidence that D had MOTIVE for wanting the primary actor to successfully commit the crime!
|
|
|
What if the primary actor is acquitted of the crime?
|
And aider/abettor can still be convicted.
|
|
|
What is the exception to liability as an aider and abettor?
|
A participant is not guilty if either:
1. The participant is a member of the class of persons protected by the crime, OR 2. The crime inherently involves several types of participants and only some are made liable. eg. Crime of bribery (givers not guilty) Crime of drug sale (buyer is not guilty) |
