Review the criminal law issues example in Introduction to Criminal Law,Section 1.2.1 "Example of Criminal Law Issues". In that example, Clara and Linda go on a shopping spree. Linda insists that they browse an expensive department store. After they enter the lingerie department, Linda surreptitiously places a bra into her purse. Clara watches, horrified, but does not say anything, even though a security guard is standing nearby. As Linda and Clara leave the store, an alarm is activated.
Linda and Clara run away with the security guard in pursuit. In this case, Clara has probably not committed the criminal act element required for accomplice liability. Although Clara was present at the scene of the crime and did not alert the security guard, mere presence at the scene is not sufficient to constitute the accomplice criminal act. Clara fled the scene when the alarm went off, but presence at the scene of a crime combined with flight is still not enough to comprise the accomplice criminal act. Thus Clara has probably not committed theft as an accomplice, and only Linda is subject to a criminal prosecution for this offense.
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