chapter seven

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Chapter Seven Chapter Seven Parties to a Crime Parties to a Crime and and Vicarious Liability Vicarious Liability

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Chapter SevenChapter SevenParties to a Crime Parties to a Crime and and Vicarious Liability Vicarious Liability Vicarious Liability DefnedVicarious Liability DefnedHolding someone criminally liable for Holding someone criminally liable for the conduct of anotherthe conduct of another To !orms"To !orms"ComplicityComplicity #hen $ person is liable for #hen $ person is liable for someone else%s conductsomeone else%s conductVicarious liabilityVicarious liability & hen the & hen the 'relationship( beteen ) parties ma*es $ 'relationship( beteen ) parties ma*es $ party criminally liable for the other party criminally liable for the other party%s conductparty%s conduct ComplicityComplicity+ types of parties to these *inds + types of parties to these *inds of crimes"of crimes",ey factor - hen the defendant%s role in ,ey factor - hen the defendant%s role in the criminal act beganthe criminal act began$. $. Principal Principal & the one ho actually commits the& the one ho actually commits the ob/ect crime ob/ect crime$. $. 01ccomplices 01ccomplices#participants#participants before before andand during during the commission of the crime the commission of the crime). ). 01ccessories 01ccessories & participants& participants after after the crime hasthe crime has been committed been committedCriminal TimelineCriminal Timeline1ccomplice 1ccomplice Principal1ccessoryPrincipal1ccessoryl22222222222222222222222222222222222222222222222222l l22222222222222222222222222222222222222222222222222ll lCrime Crime3rading the Crime3rading the Crime1ccomplices are prosecuted for the 1ccomplices are prosecuted for the crime itself crime itself charged /ust li*e the principalcharged /ust li*e the principal1ccessory is a lesser o4ense 1ccessory is a lesser o4ense 5misdemeanor65misdemeanor61ccomplice Liability1ccomplice Liability1ccomplice Liability Con%t1ccomplice Liability Con%t7ere presence at the scene is not enough to 7ere presence at the scene is not enough to satisfy the actus reus re8uirementsatisfy the actus reus re8uirement9:ception"hen the D has a legal duty to act;9:ception"hen the D has a legal duty to act; presence alone is enough to satisfy the actus reus presence alone is enough to satisfy the actus reus1ctions ta*en after the crime is committed 1ctions ta*en after the crime is committed are not part of the accomplice actus reus & are not part of the accomplice actus reus & but can be considered by the /ury to but can be considered by the /ury to determine if the D participated before and determine if the D participated before and during the crime.during the crime.1ccomplices vs. Conspirators1ccomplices vs. ConspiratorsConspiracy Conspiracy is an ' is an 'agreement( agreement( beteen ) or morebeteen ) or more people to commit apeople to commit a crimecrime is a lesser o4ense thanis a lesser o4ense than the ob/ect crime the ob/ect crime5usually $ grade less6 5usually $ grade less6Can be charged ithCan be charged ith ob/ect crime andob/ect crime and conspiracy orconspiracy or conspiracy alone conspiracy alone1ccomplice 1ccomplicepossible to be anpossible to be an accomplice and not beaccomplice and not be part of an agreement part of an agreementis charged as the ob/ectis charged as the ob/ect crime crimePin*erton