criminal law and jurisprudence

8/9/2019 CRIMINAL LAW AND JURISPRUDENCE

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ARTICLE 18: ACCOMPLICE

- Accomplice are the person who, not being included in Art. 17

(Principals) , Cooperates in the execution of the o ense b!pre"ious or simultaneous acts.

(Accomplice- A person who helps another to commit a crime.)



#$%&' A& ACC P*%C$ %+ & $+A $ A+/accessor! after the fact -- this remains, in some 0urisdictions, a separate and

less serious o ense for gi"ing aid and comfort (harboring) to a fugiti"e.he law sees it as a separate o ense because it s reall! helping someone

a"oid arrest or escape punishment more than helping someone commit acrime. Accessories alwa!s ha"e a claim to less punishment.

conspirac! -- conspirac! is a completel! di erent crime2 according tothe Pinkerton rule , a person can be charged with both conspirac! tocommit a crime and the crime itself under the law of accomplices($xample/ two people agree to commit murder, and one acts as a loo3outwhile the other 3ills somebod!2 both can be charged with conspirac! tocommit murder and murder itself).

facilitation or solicitation -- these are separate o enses, related to the ideas,respecti"el!, of ma3ing it easier for someone to commit a crime andenticing someone to commit a crime that ne"er occurs ($xamples/ aiding a

0u"enile who is used in crime to limit someone s exposure to prosecution2soliciting a prostitute2 of the two, facilitation is closest to accomplice law).



REQUISITES:

1. Community of design, which means that theaccomplice knows of, and concurs with, the criminaldesign of the principal by direct participation; and

2. The perfomance by the accomplice of previous orsimultaneous acts that are not indispensable to thecommission of the crime.

( bar!ue" vs. #eople, $%. &o. 1' )*2, +anuary 2 ,2 -



NOTE:1. An accomplice has 3nowledge of the criminal design of the principal and

all he does is concur with the purpose.

4. here must be a relation between the acts done b! the principal andthose attributed to the person charged as an accomplice.

5. Accomplice cooperates in the execution b! pre"ious or simultaneousacts, intending to gi"e material and moral aid (Cooperation must be3nowingl! done2 it must also be necessar! and not indispensable.)

6. here must be relation between acts of the principal and the alleged

accomplice. ere commission of an act, which aids the perpetrator, is not enough.

he mere presence of the accused at the crime scene cannot beinterpreted to mean that he committed the crime for which he is beingcharged.

8. %n homicide and murder, the accomplice must not ha"e in9icted themortal wound.



WHAT IS NEEDED TO DETERMINEACCOMPLICE LIABILITY?1. ntent/ the accomplice must have the

intended the 0target crime be in factcommitted up to completion

2. cope of 3iability/ The accomplice will be

guilty of the target crime as well as the otherforeseeable crimes that may be committedduring the commission of the target crime.



EXAMPLES OF BEING AN ACCOMPLICE:

-Serving as a “get-away” driver.-Being a “lookout” for cops and witnesses

while the crime is being committed.-Loaning money, weapons, or other ob ects for

use in the commission of the crime.-!ncouraging the principal to complete the

crime.



SITUATIONAL EXAMPLE:

!nraged that Betty has married her e"-husband, #ilmahatches a plot to kill Betty. #ilma tells Barney of her

plan, and Barney agrees to help. #ilma arms herselfwith a baseball bat and hides behind some bushes infront of Betty$s house. Barney then lures Betty out of her

house. %nce Betty emerges, #ilma attacks Betty andkills her with the baseball bat. &n this situation, Barneyhas committed an act necessary for accomplice liabilityto attach because he has assisted in the commission ofthe crime.



WHAT HAPPENS IF THE ACCOMPLICEWITHDRAWS THEIR SUPPORT?

&n some cases, accomplice liability may be negated 'cancelled( if the accomplice

withdraws their support before the crime is completed. )his depends on thenature of the aid that the accomplice contributed in the first place.

*nder most state laws, if the accomplice provided mere encouragement in theform of words, they will not be held liable if they repudiate or discouragethe principal from completing the crime. +owever, if the accomplice went

beyond mere encouragement and provided active, physical assistance in thecrime, they will need to attempt to neutrali e any further commission of thecrime.

)hus, “withdrawal” is a common defense that is raised when determining whatis accomplice liability and criminal liability.



$:$ A:$ :$$ (5) ;A<+ ==$: A >$=$&+$ $ C:% $ = #$%&' A& ACC P*%C$/

(1) ista3e of fact -- this is not the same as ?% didn t 3now it

was a crime? (mista3e of law) but a mista3e of fact goodfaith claim because of the wa! a person percei"es the worldand ma3es reasoned 0udgments

(4) Abandonment -- the complicit! was abandoned in a timel!manner2 the accomplice terminated their participationeither completel! or in part such as to depri"e the principalof e ecti"eness at committing the crime2 ?% didn t help sothe! could get caught and learn their lesson?

(5) ;ithdrawal -- the complicit! was repudiated "oluntaril!(not merel! because of a fear of getting caught)2 ?% didn thelp because it was wrong?2 some attempts are made toneutrali@e or thwart the crime such as b! notif!ingauthorities.



ACCOMPLICE LIABILITY AND CRIMINALLIABILITY?

If y ! "#$ %&' ('$) %& "&y *"y *%+, "-- ./(%-$(%"0%(%+y -,"# $23 y ! 2, !() 2$$4 ($ "("22%2+"&-$ %..$)%"+$(y5 A& $7/$#%$&-$)-#%.%&"( )$f$&2$ ("*y$# -"& ,$(/ )$+$#.%&$*,$+,$# y ! "#$ (%"0($ "2 "& "-- ./(%-$3 "&)

*,$+,$# "&y )$f$&2$2 ."y 0$ #"%2$) %& y !#f"' #5 Y ! ."y *%2, + ,%#$ " -#%.%&"()$f$&2$ "++ #&$y %& y !# "#$" f # ($ "( ")'%-$"&) #$/#$2$&+"+% & %& - !#+5

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THAN YOU9999

:eferences/

-Criminal *aw and urisprudence b! Att!. 'abao

-http/BBwww.drtomoconnor.comB5 1 B5 1 lect 5.htm

-http/BBwww.legalmatch.comBlaw-librar!BarticleBwhat-is-accomplice-liabilit!-and-criminal-liabilit!.html

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