Criminal Participation

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Criminal Participation

  • Analyzes all those who are in part taking in a crime
  • NEED TO LOOK AT THE ACTUS REUS
  • Different categories for participants:
    • Principle (perpetrator)
      • The person who commits the crime itself/ by himself (individually)
      • By means of innocent agent (instrument)
        • Can use another person to commit a crime
          • Pushing Sofia to hit Karen that is nest to her.
          • Could be anything like a dog (when you train him to steal.
        • Co-perpetrator (joint perpetrator)
          • When two people take part in a crime
            • Jim and Johnny both punch Anthony because he came late.
          • Preforming the Actus Reus together.
          • Divide the Actus Reus
            • Example:
              • A take money, B distracts, C looks out for cops, D driver
              • Actus Reus is taking the money
              • They intentionally take money from the owner (Robbery)
              • A is principle, B and C did not take money, D driving the money away (still taking the money)
            • Accessory before the fact (councilor)
              • Someone who guide the criminals in committing a crime
              • Actus Reus: -independent crime (a crime in itelf)
                • Counseling
                • Hiring another person
                • Solicitation
                • Instigation
              • Agreeing to commit a crime and doesn’t do it is conspiracy
              • Mens Res:
                • To solicit the crime
                • Specific intent of the perpetrator
              • Recklessness is saying a dare and the other person says they will do it but you don’t believe it
              • Doctrine of natural and probable consequences
                • If you counsel someone to commit a crime but also criminally reliable for the non-intended offence. Objective test
                • If you bring a gun to a bank for robbery, it is assumed that you might kill someone. Intended or not intended.
              • Aiding and Abetting (accessory during the fact)
                • Actus Reus: Anyone that helps, aids, assists during the commission the crime and in the presence of the perpetrator
                • Mens Rea is the intent that the perpetrator will commit the crime.
                • Not after not before and it doesn’t have to be in the presence but at the same time.
                • If the law obligates you to aid in a situation, then you can be held accountable but if it doesn’t then you don’t
                • The “but for” test does not apply to this.
                  • Example:
                    • A has a gun at B, A is hesitant to shoot, C says kill him and he kill him.
                      • C is before the act because A hasn’t made up his mind
                    • Rape and people are watching
                      • They did not commit a crime because they did not intend encourage or assist.
                    • Conspiracy (independent)
                      • Actus Reus: Agreement to commit a crime
                      • Mens Rea: Intent and specific intent to be carried out
                        • Not conspiracy if you don’t mean it and not plan to do the crime
                      • Needs two or more people
                    • Accessory after the fact
                      • The actus rues: Helping/assisting someone to escape
                        • Driving a car for someone to get away, hiding someone in your house, or seeing a crime but telling the cop you didn’t see anything to help the robber.
                      • Mens rea:  You need both
                        • Intention
                        • Knowledge
                          • Includes willful blindness

 

Example:

  • Mike is about to jump off his house roof. His friends cheer him on and shout “jump, jump, jump”. Mike jumps and breaks his leg.
    • Actus Reus: Intentionally applies force directly or indirectly without consent
    • Not crime

 

  • Homer Simpson has an agreement with the Nuclear Plant Facility that he will get a Christmas bonus of 5% of the net profits of the company. Homer deliberately gives false information to the book-keeper of the company for which he works, knowing that it would be entered into the accounts. As the book-keeper had innocently entered the wrong information, Homer gets the Christmas bonus. Mr. Burns launches an internal investigation and finds out what happens. He accuses both Homer and the book-keeper of fraud.
  • Homer is the principle and the book-keeper is an innocent agent.

 

  • After work, Fred and Barney went to party where they knew there would be illegal drugs and prostitution. They drink a few beers and watch the prostitutes work with clients. The police raid the place and they arrest the prostitutes, their clients, and all those who were doing drugs. The police also arrest Fred and Barney for being accessories during the fact to the crime of procuring prostitution.
    • They can’t be charged for just being there and watching, regardless of having not having intention.

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