PARTIES TO CRIME Mike Reid LAHC California Criminal Law

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: Those who are directly 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 , or Conceals Aids a to help avoid, principal 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 infraction to an 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. 9

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 canbe an accomplice to a misdemeanor You canbe an accomplice to an infraction; and You canbe an accomplice to a felony 11

FEIGNED ACCOMPLICE Under direction of police or upon his/her own initiative, feigns one who (pretends) purposes complicity for of gathering evidence A feigned accomplice nocriminal intent possesses 12

REMEMBER You can be an accomplice to 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? 14

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 . 15

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