The Parties Of A Crime Essay

1078 Words May 22nd, 2016 null Page
The parties of a crime

The parties of a crime are: principal in the first degree, principal in the second degree, accessory before the fact, and accessory after the fact.

The principal in the first degree was the one actually performed the act, and was present during the crime. The principal in the second degree, encouraged the crime, was present, but was not the one who actually performed the act. Accessory before the fact is one that offered aid to the commission of a crime before it happened, but was not physically present during its commission. The accessory after the fact offered aid after the crime was committed and was not physically present during the crime. All of these will be charged with the crime committed, unless there is a defense to excuse. Also, a wife cannot be charged as an accessory after the fact for a crime committed by her husband. In order for the other parties to be convicted, the principal has to be convicted under common law, although many jurisdictions do not have that requirement anymore.

Inchoate crimes

These are solicitation, conspiracy and attempt.

Solicitation is the request, or invitation to commit a crime. It is a misdemeanor under common law to solicit a crime. Mens rea, the culpable state of mind, and the actual act of solicitation are the requirements for a conviction.

Conspiracy is the planning of a crime. It is by itself a misdemeanor under common law, however, if the crime takes place, those guilty of conspiracy will…

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