Chapter 5 - PARTIES TO CRIME

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PARTIES TO
CRIME
Mike Reid
LAHC
California Criminal Law Concepts
Chapter 5
1
PARTIES TO
CRIME
• PC 31, ________
Principal
• PC 32, ________
Accessory
• PC 1111, __________
Accomplice
2
PC 31
Principals are:
_______
directly
• 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
3
EXAMPLES of PRINCIPALS
John 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 Abets
A 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 perpetrator
Abet: implies having a guilty knowledge
and felonious intent that aid doesn’t
PC 32
AFTER a felony
_____ has been
committed; one who...
• _______
Harbors
Conceals or
• ________,
• Aids a principal
_______ to help
avoid, escape, arrest, trial,
conviction, or punishment,
is called an ________
accessory
6
PC 32: When would one be
considered an ACCESSORY
know
A person must _____
(i.e., have knowledge) that
another person is a felon, trying
to evade the legal process
7
• You cannot be an accessory
to a ___________
misdemeanor
• You cannot be an accessory
to an ________
infraction
• You can be an accessory to
a ______
felony
8
PC 1111
An accomplice is defined as:
One who is liable to
prosecution for the identical
_______
offense charged against the
defendant on trial in the
cause in which the testimony
of the accomplice is given.
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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 ___
can be an accomplice to
a misdemeanor
• You can
___ be an accomplice to
an infraction; and
• You can
___ be an accomplice to
a felony
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FEIGNED ACCOMPLICE
• Under direction of police or
upon his/her own initiative,
feigns (pretends)
one who _____
purposes of
complicity for ________
gathering evidence
• A feigned accomplice
no criminal
possesses __
intent
12
REMEMBER
accomplice to
You can be an _________
anything
But…
You can only be an “accessory”
after a _____
felony
13
PRINCIPALS, ACCOMPLICES
OR 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:
Read the following scenario and identify
the role played by each participant. Indicate how each
individual would be charged (principal, accomplice or
accessory) explain your answer. Jim mentions to Carl
that he thinks it would be easy to rob the local Burger
King. Edith, overhearing the conversation and believing
that Carl plans to commit the robbery, gives Carl a 45
automatic weapon. Carl recruits Mike to drive the get
away vehicle. With no further discussion, Carl and Mike
drive to the Burger King. Carl enters the Burger King and
points the weapon at the clerk, demanding all the money.
Mike 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 Carl. Carl leaves the store where he and Mike drive
away. When the duo shows up at Alice’s door and tells her
of their activities and fear of discovery, Alice offers them
refuge and helps by hiding the money. After the culprits
are arrested by the police, Mike later testifies in court
against Carl…..
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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
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