Legal Foundations of Criminal Law
- Classify all of the individuals involved in this scenario as to whether they would be considered (if any) a principal, an accessory before the fact, or an accessory after the fact based upon a Common Law analysis and explain your rationale for each decision.
In the scenario presented, the principal actors in the crime were Joe, Larry, and Thomas, who hatched out the plan to rob the Anytown City Bank.
The accessory before the fact in the crime included Thomas’ mother, who gave Thomas the credit card to rent a fast car that would stop the police from catching them. The bartender is also an accessory before the fact.
Larry’s sister, Mary, is an accessory after the fact because, after the crime, Larry asked her to allow them to hide in her farm so that they wouldn’t get caught.
The rationale behind these assertions is as follows. According to Common law, a principal in a crime is a person who is the actual perpetrator of a crime. Since Joe, Larry, and Thomas are the planners and executors of the robbery, they are considered as the principals of the crime. The distinction between a principal and an accessory in a crime is the analysis of fact and degree. A principal is a person whose actions, with the accompaniment of the relevant guilty mind, are the immediate cause of the guilty act. The test to differentiate the principal from the accessory is whether the person independently contributed to the causation of the guilty act, or he merely gave limited or generalized help or encouragement. Judging by this analogy, Thomas’s mother, Larry sister, and the bartender were accessories. In order to determine if they were accessories before the fact or accessories after the fact, it is proper to analyze the definitions of the two forms of accessories. An accessory before the fact is a person who aids or encourages the principal to proceed with the crime, but who is absent at the place and time that the crime is committed. On the other hand, an accessory after the fact is a person who has knowledge that a crime has been committed and proceeds to help the principals to escape capture, detention, and punishment. From this, the people who knew about the crime before it happened and supported and encouraged the principals to proceed with the crime were Thomas’s mother, who gave a credit card to hire a get-away car and the bar attender who let the people continue with the crime because he had a grudge with the crime. These two were, therefore, the accessories before the fact. Larry’s sister Mary was an accessory after the fact because she got to know that a crime had been committed and allowed the perpetrators to hide out in her farm to avoid capture and punishment.
- How did the law of principals develop in common law?
The law of principals developed in common law in a famous case titled Standefer v. United States, 447 U.S. 10, 15, 100 S.Ct. 1999, 2003, 64 L.Ed.2d 689 (1980). In this case, the ruling was about the clear intention to permit the conviction of people who were accessories to federal criminal offenses even if the actual perpetrator had been acquitted previously. In felony cases, there were four categories of perpetrators. The first category was for actual perpetrators of an offense, and these were principals in the first degree. The second category were principals in the second degree that was present at the scene and aided in it. The third category was accessories before the fact that they were not present at its commission. The fourth category was for accessories after the fact that were not in the crime but assisted in the cover-up Misdemeanor cases never admitted accessories. Instead, all parties to a misdemeanor were principal, as seen in the case of United States v. Dotterweich.
- Briefly define modern criminal statutes. Then state how your classifications of these individuals differ under modern criminal statutes.
Modern criminal statutes are a body of rules that define actions prohibited by the government due to the conducts’ harm on public safety and community welfare. The classification of the individuals does not defer in modern criminal statutes from common law.
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