Talk:Accomplice
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Merge or delete
[edit]Some sentences in this article look as though they come directly from Brittanica. I am quite sure they do. Rintrah 21:02, 23 January 2007 (UTC)
This article should be moved to Wiktionary, theres no need for this whole article defining one simple word.
- rm tag since it has been almost a year, and only the tag nom has commented for merge. Pharmboy (talk) 15:03, 16 December 2007 (UTC)
Question
[edit]Is this correct ? : "Aid S.21(1)(b) A defendant is a party to an offence where they do or omit to do anything for the purpose of aiding another person (the principal) to commit and offence. Refers to physical acts or omissions."
A person can surely only be party when they omit doing anything to impede the commission - viz they make no attempt to prevent or otherwise deter it.
Examinator (talk) 10:05, 3 February 2010 (UTC)
Accomplice Question
[edit]If, for example, a criminal were to hold you at gunpoint, (this is assuming you have no way to stop him) makes you break into a jewelry store and steal everything for him, put it in a sack and give it to him, are you liable in any way? And what would this be called?66.41.44.102 (talk) 13:32, 25 June 2010 (UTC)
Moved text from article.
[edit]I have removed the following text from the article, because while it may be correct, it remains largely unreferenced and not particularly relevant to the article. However, there may be information that is relevant to other articles, or that could be salvaged if rewritten. For that reason, I post it below:
Extended content
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Courts often refer to aiding and abetting as an alternate theory of liability rather than a separate crime. Under 18 U.S.C. § 2, aiding and abetting liability is available in all federal criminal prosecutions; however, the availability and extent of civil aiding and abetting liability varies from statute to statute. Where available, aiding and abetting liability generally requires three elements: 1) an underlying violation by a principal; 2) knowledge of that violation and/or the intent to facilitate the violation; and 3) assistance to the principal in the violation. As indicated by the Supreme Court of the United States, “In order to aid and abet another to commit a crime it is necessary that a defendant 'in some sort associate himself with the venture, that he participate in it as in something that he wishes to bring about, that he seek by his action to make it succeed.” Nye & Nissen v. United States, 336 U.S. 613, 618 (1949) quoting Judge Learned Hand inU.S. v. Peoni 100 F.2d 401, 402 (2d. Cir. 1938). In 1982, the United States Supreme Court held that accomplices may not be executed for the capital crimes of other criminals, if there is no evidence that the accomplice knew or even suspected that the primary wrongdoer might commit murder. In Enmund v. Florida, 458 U.S. 782 (1982), the accomplice was sitting in a car outside a house where a robbery was committed, and had no inkling that his partner in crime was going to kill the robbery victim. Some states, including the state of California, have a system that distinguishes between an accessory, an accomplice, and a principal (or co-principal) in a different way. In this system, the difference between an accessory and an accomplice is not as listed above. An accessory would ONLY be someone who aids and abets the principal (the person who committed the crime OR helped in the planning of the crime) to escape justice after the crime has been committed (there is no more accessory "before" and "after" the fact... what was once "accessory before the fact" is now just "co-principal", and what was once "accessory after the fact" is now just "accessory"). An accomplice is NOT a formal legal term in many states... it is "legal slang", and denotes ONLY "an accessory or co-principal that agrees to testify against another principal in a court of law". Accomplice Liability (unlike conspiracy, no agreement necessary) – Actual assistance required and principal must know of Accomplice's actions.
Model Penal Code: a person who attempts to aid a person is guilty of being an accessory, regardless of whether the act or the attempted act occurred (§5.01.3)
Some courts take the position that any active assistance establishes a mens rea. Common law categories
Accomplices are liable for the crime itself and all other foreseeable crimes
Mens Rea as to Result (in recklessness cases)
Defenses to Accomplices liability
'Note that it is not necessary that the crime actually be prevented by his actions; if he withdraws properly, he will not be liable even if the crime takes place.
Defenses – ways of knocking out the mens reas
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- Jarry1250 [Humorous? Discuss.] 08:51, 2 September 2010 (UTC)
Merge with Complicity
[edit]The article on Accomplice should be merged into Complicity as they both deal with the same concept. Complicity merits discussion; an accomplice is simply someone who engages in complicity. Pol098 (talk) 15:57, 29 December 2012 (UTC)
- Closing this, interpreting lack of discussion over a year-and-a-half as a lack of interest in the merge. Reopen if desired. --LukeSurl t c 10:02, 28 May 2014 (UTC)
- Agree - (@LukeSurl:) They should be merged, with errors corrected, inconsistencies removed, and sources cited. MBUSHIstory (talk) 19:28, 6 October 2016 (UTC)
External links modified
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Original research
[edit]English law does not distinguish between the terms "accomplice" and "accessory" and I think the author of this article has made this up. I don't have time to edit this today, but I'm going to nuke this soon. Richard75 (talk) 15:37, 12 May 2023 (UTC)
- I moved the stuff about Derek Bentley to the Aiding and abetting article, and the rest of this article was either already at that article or completely wrong. So I have redirected to the other article. Richard75 (talk) 17:03, 20 May 2023 (UTC)