PARTIES TO PARTIES TO CRIMECRIME

California Criminal Law Concepts Chapter 5

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Mike ReidLAHC

PARTIES TO PARTIES TO CRIMECRIME

• PC 31, ________

• PC 32, ________

• PC 1111, __________

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Principal

Accessory

Accomplice

PC 31PC 31

_______ are:

• Those who are ______ involved in the commission of any crime or• Those who aid and abet,

advise, plan or encourage the commission of the crime

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Principals

directly

EXAMPLES of PRINCIPALSEXAMPLES of PRINCIPALSJohn purchased some heroin and invited Monica to

“get high” with him. They drove out to a remote spot and prepared the heroin. Twice, each in turn wrapped a rag around the other’s arm to force out a vein in which the other shot themselves with heroin. John subsequently fell unconscious and died after Monica brought him to a hospital. Monica committed the crime of manslaughter ( she is a principal in the offense), because she willfully aided and abetted John.

At Brian’s request, Julia obtained a room for use by Brian and an underage girl, knowing that Brian planned to have sexual intercourse with the girl. Julia took Brian and the girl to the room and returned to awaken them at a prearranged time. Both Brian and Julia have committed statutory rape (unlawful intercourse). Even though Julia did not commit the offense herself, she aided and abetted Brian in the commission of an illegal act

Aids and AbetsAids and AbetsA person aids and abets if they:• Actively assist• Support• Promote• Encourage• Strengthen• Instigate by act or advise Must have knowledge of the unlawful

purpose (intent) of the perpetratorAbet: implies having a guilty knowledge

and felonious intent that aid doesn’t

PC 32PC 32

AFTER a _____ has been committed; one who...

• _______• ________, or • Aids a _______ to help avoid, escape, arrest, trial, conviction, or punishment, is called an ________

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felony

HarborsConceals

principal

accessory

PC 32: When would one be considered an ACCESSORY

A person must _____(i.e., have knowledge) that another person is a felon, trying to evade the legal process

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know

• You cannot be an accessory to a ___________

• You cannot be an accessory to an ________

• You can be an accessory to a ______

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misdemeanor

infraction

felony

PC 1111PC 1111

An accomplice is defined as:

One who is liable to prosecution for the _______ offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given.

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identical

Accomplices Accomplices

A principal in a crime becomes an accomplice:

• When they testify for the prosecution

• Against another principal• Testimony must be corroborated

by such evidence to connect the deft. to the crime, except in juvenile cases

• You ___ be an accomplice to a misdemeanor

• You ___ be an accomplice to an infraction; and

• You ___ be an accomplice to a felony

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can

can

can

FEIGNED ACCOMPLICEFEIGNED ACCOMPLICE

• Under direction of police or upon his/her own initiative, one who _____ (pretends) complicity for ________ of gathering evidence

• A feigned accomplice possesses __ criminal intent

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feignspurposes

no

REMEMBERREMEMBER

You can be an _________ to anything

But…

You can only be an “accessory”after a _____

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accomplice

felony

PRINCIPALS, ACCOMPLICES PRINCIPALS, ACCOMPLICES OR ACCESSORIESOR ACCESSORIES

In PC 261.5, Unlawful Sexual Intercourse, would BOTH female and male be charged as principals?”Or Accessories? Or is only the male charged?

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SCENARIO: SCENARIO: Read the following scenario and identify Read the following scenario and identify the role played by each participant. Indicate how each the role played by each participant. Indicate how each individual would be charged (individual would be charged (principal, accomplice or principal, accomplice or accessoryaccessory) explain your answer. ) explain your answer. JimJim mentions to Carl that mentions to Carl that he thinks it would be easy to rob the local Burger King. he thinks it would be easy to rob the local Burger King. EdithEdith, overhearing the conversation and believing that , overhearing the conversation and believing that Carl plans to commit the robbery, gives Carl a 45 Carl plans to commit the robbery, gives Carl a 45 automatic weapon. automatic weapon. CarlCarl recruits Mike to drive the get recruits Mike to drive the get away vehicle. With no further discussion, Carl and Mike away vehicle. With no further discussion, Carl and Mike drive to the Burger King. drive to the Burger King. CarlCarl enters the Burger King and enters the Burger King and points the weapon at the clerk, demanding all the money. points the weapon at the clerk, demanding all the money. MikeMike is parked out front in the get-a-way vehicle. The clerk is parked out front in the get-a-way vehicle. The clerk places all the money in a paper sack and gives the sack to places all the money in a paper sack and gives the sack to Carl. Carl leaves the store where he and Mike drive away. Carl. Carl leaves the store where he and Mike drive away. When the duo shows up at AliceWhen the duo shows up at Alice’’s door and tells her of s door and tells her of their activities and fear of discovery, their activities and fear of discovery, AliceAlice offers them offers them refuge and helps by hiding the money. After the culprits refuge and helps by hiding the money. After the culprits are arrested by the police, are arrested by the police, MikeMike later testifies in court later testifies in court against Carl….. against Carl…..

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Scenario Answer:Scenario Answer:Jim: None / thinking about committing a crime is not crime

Edith: Principal / gave Carl a gun

Carl: Principal / committed the robbery

Mike: Accomplice / drove the getaway vehicle & testifies for prosecution

Alice: Accessory / assists by offering refuge and hides money 16