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Example of Prosecution of an Accomplice When the Principal Is Not Prosecuted

7 October, 2015 - 14:25

Review the example in Example of the Natural and Probable Consequences Doctrine with José and Abel. Assume that after José burglarizes, beats, and rapes Maria, local police arrest José and Abel.

The police transport José and Abel to the police station and take them to separate rooms for interrogation. The police officer who interrogates José is a rookie and forgets to read José his Miranda rights. Thereafter, the police contact Maria, but she refuses to cooperate with the investigation because she fears reprisal from José. The district attorney decides not to prosecute José because of the tainted interrogation. In this case, Abel could stilbe prosecuted for battery and possibly rape and burglary as an accomplice in some jurisdictions. Although José is the principal and actually committed the crimes, it is not necessary for José to suffer the same criminal prosecution and punishment as Abel. If the elements required for accomplice liability are present, Abel can be fully responsible for the crimes committed byJo, whether or not José is prosecuted for or convicted of these offenses.

KEY TAKEAWAYS

  • The four parties to crime at early common law were principals in the first degree, principals in the second degree, accessories before the fact, and accessories after the fact. These designations signified the following:
    • Principals in the first degree committed the crime.
    • Principals in the second degree were present at the crime scene and assisted in the crime’s commission.
    • Accessories before the fact were not present at the crime scene, but assisted in preparing for the crime’s commission.
    • Accessories after the fact helped a party to the crime avoid detection and escape prosecution or conviction.
  • In modern times, the parties to crime are principals and their accomplices, and accessories.
  • The criminal act element required for accomplice liability is aiding, abetting, or assisting in the commission of a crime. In many jurisdictions, words are enough to constitute the accomplice criminal act element, while mere presence at the scene without a legal duty to act is not enough.
  • The criminal intent element required for accomplice liability is either specific intent or purposely or general intent or knowingly.
  • The natural and probable consequences doctrine holds an accomplice criminally responsible if the crime the principal commits is foreseeable when the accomplice assists the principal.
  • The consequences of accomplice liability are that the accomplice is criminally responsible for the crimes the principal commits.
  • In many jurisdictions, an accomplice can be prosecuted for an offense even if the principal is not prosecuted or is tried and acquitted.

EXERCISES

Answer the following questions. Check your answers using the answer key at the end of the chapter.

  1. Justin asks his girlfriend Penelope, a bank teller, to let him know what time the security guard takes his lunch break so that he can successfully rob the bank. Penelope tells Justin the security guard takes his break at 1:00. The next day, which is Penelope’s day off, Justin successfully robs the bank at 1:15. Has Penelope committed robbery? Why or why not?
  2. Read Statev. Ulvinen, 313 N.W.2d 425 (1981). In Ulvinen, the defendant sat guard and then helped her son clean up and dispose of evidence after he strangled and dismembered his wife. Thereafter, the defendant was convicted of murder as an accomplice. The defendant was asleep when the killing occurred, but before the killing her son told her that he planned to kill the victim. The defendant reacted with passive acquiescence by demurring and expressing disbelief that he would go through with his plans. Did the Supreme Court of Minnesota uphold the defendant’s murder conviction? The case is available at this link:  https://scholar.google.com/scholar_case?case=5558442148317816782&hl=en&as_sdt=2&as_vis=1&oi=scholarr
  3. Read Joubertv. State, 235 SW 3d 729 (2007). In Joubert, the defendant was convicted and sentenced to death based on his participation in an armed robbery that resulted in the death of a police officer and employee. The jury convicted the defendant after hearing testimony from his accomplice and reviewing a video of the defendant confessing to the offense. The defendant appealed the conviction because in Texas, accomplice testimony must be corroborated by other evidence, and the defendant claimed that the other corroborating evidence was lacking in this case. Did the Court of Criminal Appeals of Texas uphold the defendant’s conviction? Why or why not? The case is available at this link:  https://scholar.google.com/scholar_case?case=10119211983865864217&hl=en&as_sdt=2&as_vis=1&oi=scholarr