LEARNING OBJECTIVES
- Distinguish between accomplice liability and the crime of accessory.
- Define the criminal act element required for an accessory.
- Define the criminal intent element required for an accessory.
- Compare various approaches to grading the crime of accessory.
As stated in , at early common law, a defendant who helped plan the offense but was not present at the scene when the principal committed the crime was an accessory before the fact. A defendant who helped the principal avoid detection after the principal committed the crime was an accessory after the fact. In modern times, an accessory before the fact is an accomplice, and an accessory after the fact is anaccessory, which is a separate and distinct offense. Some states still call the crime of accessory “accessory after the fact” 1 or “hindering prosecution.” 2
The difference between an accomplice and an accessory is crucial. An accomplice is responsible for the offense the principal commits. An accessory, on the other hand, is guilty of a separate crime that is almost always a misdemeanor.
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