Anaya Nolan
Being a party to a crime is a severe offense, as it means the accused is convicted of the actual crime charged. At early common law, parties to a crime were divided into four categories: principals in the first degree, principals in the second degree, accessories before the fact, and accessories after the fact. Principals in the first degree are those who actually committed the crime, while principals in the second degree were present at the scene and assisted in its commission. Accessories before the fact helped prepare for the crime but were not present when it was carried out, and accessories after the fact aided a party in escaping prosecution or conviction. In modern times, the categories have been simplified, but the concept of accomplice liability remains crucial in prosecuting and determining the liability of those involved in criminal acts.
| Characteristics | Values |
|---|---|
| Number of parties to a crime at early common law | 4 |
| First-degree principal | The defendant who committed the crime |
| Second-degree principal | Defendant who was present at the crime scene and helped the first-degree principal commit the crime |
| Accessory before the fact | Defendant who was not present at the crime scene but helped prepare for its commission |
| Accessory after the fact | Defendant who helped a party to the crime after its commission by providing comfort, aid, and assistance in escaping or avoiding arrest and prosecution or conviction |
| Number of parties to a crime in modern times | 2 |
| Principal | The person who carries out the actus reus, or the main perpetrator of the offence |
| Accomplice | A person who helps or encourages the principal offender without themselves physically carrying out the actus reus |
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What You'll Learn
Principals in the first degree: committed the crime
Principals in the first degree are those who commit the crime in question. In other words, they are the main perpetrators of the offence. This is distinct from joint principals, who contribute to the actus reus by committing their own independent act. For example, in a battery, a joint principal would throw a punch of their own at the victim, making them equally liable.
A principal in the first degree can also be someone who causes an innocent person to commit a crime for them. For example, in the case of People v. Rolon (2010), a defendant who was present at the scene of a crime without preventing its occurrence could be liable as an accomplice. This is because they had a legal duty to act, and their failure to do so facilitated the crime.
In the case of R v A [2010] EWCA Crim 1622, the Court set out three situations where a joint enterprise could be found. One of these was where two or more people jointly plan to commit a specific offence and then go ahead and commit the offence together. For example, two defendants planning to commit grievous bodily harm and then carrying out the plan by punching their chosen victim. In this scenario, each defendant would be individually liable for the offence as they would both satisfy the actus reus and mens rea.
Being deemed a party to a crime is a severe offence, as it means the accused faces conviction for the actual crime charged. This can result in penalties ranging from misdemeanours to prison or substantial fines.
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Principals in the second degree: present at the scene and assisted
Principals in the second degree are individuals who are present at the scene of a crime but do not actively participate in the main criminal act. They are crucial participants in criminal activities as they provide assistance or support, which makes them equally accountable under the law. Their actions contribute to the crime's overall execution and impact. For example, in a robbery, if one person enters a store to steal money while another waits in a car to help with the getaway, the person in the car is a principal in the second degree. Their assistance is crucial to successfully committing the robbery.
The importance of principals in the second degree lies in their shared responsibility and culpability for the crime. Under the doctrine of accomplice liability, everyone who aids or abets the crime can be held equally accountable, regardless of their level of participation. This legal principle ensures that all parties involved in a crime are subject to prosecution, reinforcing accountability and deterring future criminal behaviour. Principals in the second degree can provide various forms of assistance, such as being a lookout, facilitating the crime logistically, or serving as the getaway driver.
While the specific legal terminology may vary across jurisdictions, the concept of principals in the second degree is crucial in criminal law. They are considered just as important as principals in the first degree because they actively contribute to the commission of the crime, even if they are not the primary offenders. Their presence and assistance at the scene make them essential contributors to the criminal act, and they are subject to the same criminal liability as the principal in the first degree.
In summary, principals in the second degree are individuals who are present at the scene of a crime and provide assistance or support to the primary offender. They are crucial participants in criminal activities, ensuring the successful execution and impact of the crime. Their shared responsibility and culpability under the law reinforce the importance of holding them accountable for their actions, contributing to overall justice and deterrence.
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Accessories before the fact: helped prepare for the crime
Accessories before the fact are individuals who help prepare for a crime but are not present when the crime is committed. This legal concept holds accountable those who contribute to the planning and preparation of a crime. Accessories before the fact are considered secondary parties or accomplices to the crime.
To be convicted as an accessory before the fact, prosecutors must establish three key elements beyond a reasonable doubt: knowledge, intent, and action. Knowledge refers to the awareness of the planned crime, while intent refers to the willing contribution or encouragement of the crime's occurrence. Action, the final element, involves taking deliberate steps to aid or prepare for the crime. The absence of clear evidence on any of these three counts can prevent a conviction.
The role of an accessory before the fact can vary. It may involve offering detailed advice or instructions on how to commit the crime, including planning the logistics, providing strategic advice, and detailing legal loopholes. Encouragement can also be a factor, with accessories offering verbal reassurance to boost the principal offender's confidence. Accessories before the fact may also provide tools, share insider information, or aid in planning. An example of this role is serving as a lookout, monitoring the surroundings, and providing alerts to ensure the crime goes undetected.
In terms of prosecution, there are a few considerations. While common law dictates that an accessory cannot be charged without the principal being charged, this approach has evolved, and some jurisdictions may charge an accessory independently. Additionally, the punishment for accessories before the fact is typically the same as that for the principal crime, which can include jail time and fines.
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Accessories after the fact: helped the criminal escape prosecution
At early common law, parties to a crime were divided into four categories. Accessories after the fact are those who help a criminal escape prosecution or conviction after they have committed an offence. This is distinct from an accessory before the fact, who helps the criminal either before or during the commission of the offence. Accessories after the fact are often family members or loved ones of the principal offender. For example, a son who helps his father evade an alcohol screening after a car accident, or a wife who helps her husband flee the country to avoid prosecution for failure to pay child support.
To be convicted of being an accessory after the fact, it must be proven beyond a reasonable doubt that the accused knew that a felony or gross misdemeanour had been committed, and that they intended to help the offender avoid arrest, trial, conviction, or punishment. In some states, the accused must have committed a specific act to aid the offender, such as providing shelter or transportation, while in other jurisdictions, words are enough to constitute the criminal act.
The penalty for being convicted of being an accessory after the fact varies depending on the jurisdiction and the nature of the principal offence. In some cases, the accessory may face a misdemeanour charge, which can result in a jail sentence and fines. However, in certain jurisdictions, the charge can be graded as a felony.
It is important to note that not all states have specific laws regarding accessory after the fact, and the defence can argue that the accused did not know a crime had occurred, which could result in the charges being dismissed.
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Accomplices: aided, abetted, or assisted in the crime
Accomplices, or accessories, to a crime are those who aid, abet, counsel, or procure the commission of any offence. They are people who help or encourage the principal offender without themselves physically carrying out the actus reus. The help must be provided before or during the commission of the offence, as any help that comes after the offence has been completed, for example, providing the offender with help to escape, will not give rise to accomplice liability but may give rise to liability for other principal offences.
In the case of R v A [2010] EWCA Crim 1622, the court set out three situations where the existence of a joint enterprise could be found. The most straightforward scenario involves two or more people jointly planning to commit a specific offence and then carrying it out together. For example, two defendants jointly plan to commit grievous bodily harm and then execute their plan by punching their chosen victim. While the joint enterprise is useful in prosecuting the defendants in these situations, it does not affect their liability as each would be separately liable for the offence.
In the case of People v. Rolon, 2010, a defendant who was present at the scene of a crime without preventing its occurrence could be liable as an accomplice in many jurisdictions. This is further supported by the Model Penal Code, which states that "[a] person is an accomplice of another person in the commission of an offense if…having a legal duty to prevent the commission of the offense, fails to make proper effect so to do".
The imposition of secondary liability is very useful to the prosecution in cases of gang crime where the question of "who did it?" is not always easy to establish. For example, in a mass attack, it may not be possible to establish who in the group dealt the final blow to the victim. Under the above provisions, it is possible for all members of the group to be treated as equally liable for the offence.
In some jurisdictions, an accomplice can be prosecuted for a crime the principal commits even if the principal is not prosecuted or acquitted. This is known as the natural and probable consequences doctrine, which holds accomplices criminally responsible for all crimes the principal commits that are reasonably foreseeable.
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