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In early common law, everyone used to be lumped into a principal group with the definition that

a principal was someone that was present at the scene of the crime and was either the principal
actor or a principal in the second degree. With accessory after the fact, you cannot define it as
someone that was at the scene of the crime that encouraged or aided and abetted the
principals, so it does not hold merit with the legal definitions. Accessory after the fact is a
separate charge and a very separate crime in itself and is punished as such.

Inchoate offenses and parties to a crime do not entail separate criminal offenses. Outline what
these theories of criminal liability entail and what conduct is required in order to prove such
liability.

In order to prove liability of an anticipatory crime, the subject must fall within one of the
following classifications:

1. Dangerous Proximity-defendant must act in dangerous proximity to the crime, not


just be remotely connected.
2. Physical proximity-Completion of the crime must be within grasp
3. Indispensible element-Culpable if he/she has committed an indispensible act
4. Unequivocal- culpable if he/she has unequivocally manifested an intent to commit
the crime.
5. Probable desistance- culpable if it’s likely that she/he would have followed through
with the crime
6. Substantial step- culpable if he/she took substantial steps towards the commission
of the crime.

Parties to a crime, on the other hand, describe roles of each person involved in a crime.
Principal in the first degree describes the role of the individual who actually committed the
crime. Principal in the second degree describes the role of anyone who was present at the
scene and who aided, abetted, counseled, or encouraged the principal in the commission of the
crime. Accessory before the fact is anyone aided and abetted in the preparation of the crime
but was not present at the crime scene. Accessory after the fact is anyone that who did not
participate in the crime but knew the crime had been committed and furnished post crime
assistance to keep the criminal from being detected or from being arrested.

References:

https://www.law.cornell.edu/wex/accessory_after_the_fact

https://criminal.altmanllp.com/accessory-before-after-the-fact.html

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