CHAPTER 7CHAPTER 7

PRINCIPALS, ACCESSORIES, PRINCIPALS, ACCESSORIES, AND ATTEMPTAND ATTEMPT

PrincipalPrincipal

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

PRINCIPAL IN FIRST DEGREEPRINCIPAL IN FIRST DEGREE

The person who actually commits the The person who actually commits the crimecrime

PRINCIPAL IN SECOND DEGREEPRINCIPAL IN SECOND DEGREE

More than one actor in committing More than one actor in committing Takes less active role than 1st Takes less active role than 1st

degree principaldegree principal Ex. Getaway driverEx. Getaway driver

Can be tried even if principal in 1Can be tried even if principal in 1stst degree acquitteddegree acquitted

CONSTRUCTIVE PRESENCECONSTRUCTIVE PRESENCE

Helping principal and close by but Helping principal and close by but not actually at scenenot actually at scene

Involved in commission of crimeInvolved in commission of crime

Ex. Get away driver Ex. Get away driver

ACCESSORY BEFORE THE FACTACCESSORY BEFORE THE FACT

Helps Principal plan the crimeHelps Principal plan the crime Provides resourcesProvides resources AdviceAdvice CounselingCounseling

ACCESSORY AFTER THE FACTACCESSORY AFTER THE FACT

Accessory after-the-fact – assists in Accessory after-the-fact – assists in avoiding captureavoiding capture

Avoid ProsecutionAvoid Prosecution Not involved with crime or planningNot involved with crime or planning Punishment not as harshPunishment not as harsh

CODEFENDANTSCODEFENDANTS

Charged togetherCharged together May be tried togetherMay be tried together

CONSPIRACYCONSPIRACY

Coordinated groupCoordinated group More resources than single partyMore resources than single party More ambitious goalsMore ambitious goals More serious crimesMore serious crimes

Conspiracy ElementsConspiracy Elements

Agreement between 2 or moreAgreement between 2 or more Work together to carry out illegal actWork together to carry out illegal act Agreement to take even legal action Agreement to take even legal action

to further a crimeto further a crime Overt act in furtherance of crime Overt act in furtherance of crime Completion not necessaryCompletion not necessary

Co-ConspiratorsCo-Conspirators

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

Overt ActOvert Act

Attributable to all conspiratorsAttributable to all conspirators Legal act qualifies Legal act qualifies

ACCOMPLICEACCOMPLICE

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

ACCOM /ACCESS CONSPIRATOR ACCOM /ACCESS CONSPIRATOR

No agreement No agreement neededneeded

No coordinationNo coordination

Actual aidActual aid

No Intent to plan No Intent to plan

Agreement neededAgreement needed

CoordinationCoordination

No actual aidNo actual aid

Intent in planIntent in plan

WHARTON RULEWHARTON RULE

More actors required in conspiracy More actors required in conspiracy than required to commit the crimethan required to commit the crime

How many actors required to charge as How many actors required to charge as conspiracy in prostitution charge? conspiracy in prostitution charge?

RICO/GANGSRICO/GANGS

Rico = Federal ProsecutionRico = Federal Prosecution

Gangs = State ProsecutionsGangs = State Prosecutions

SOLICITATIONSOLICITATION

Request for someone to engage in Request for someone to engage in criminal activity.criminal activity.

Ex. Prostitution Ex. Prostitution

AttemptAttempt

Intent to engageIntent to engage Substantial step towards commissionSubstantial step towards commission Defense: Voluntary abandonmentDefense: Voluntary abandonment Attempting to commit a crime is a Attempting to commit a crime is a

crime in itself.crime in itself.

Paralegal TipParalegal Tip

Unauthorized practice of lawUnauthorized practice of law

AttemptAttempt

Attempt – Attempt – with criminal intent, taking a substantial step with criminal intent, taking a substantial step

toward accomplishing the crime toward accomplishing the crime Note: Legal test = substantial stepNote: Legal test = substantial step

But for police / failure, would have accomplished But for police / failure, would have accomplished the crimethe crime

No overt evidence / announcement of No overt evidence / announcement of abandoning crimeabandoning crime