Mastering the Bar Exam: Criminal Law - Parties to Crime (Episode Three)

1. Principal Actors: Principals and Accomplices. In criminal law, parties to a crime are classified based on their level of involvement in the commission of the crime. This classification is important because it determines the extent of each party's criminal liability. Principals. Definition and Role: A principal is the primary actor in the commission of a crime, the person who actually performs the act constituting the offense. Principals are often the most directly involved and are usually present at the scene of the crime. Types of Principals: Traditionally, principals are categorized into first and second degree. The first degree includes those who actually perform the criminal act, while the second degree encompasses those who aid, command, or encourage the principal and are present during the crime. Liability of Principals: Principals are fully liable for the crimes they commit. Their intent and actions are directly scrutinized in determining their guilt. Accomplices. Definition and Role: Accomplices are individuals who assist in the commission of a crime but are not the primary actors. They might provide help, encouragement, or support to the principal. Liability of Accomplices: Accomplices are usually liable to the same extent as the principal. This means they face the same charges and penalties as the person who actually commits the crime, as long as it can be proven that they had the intent to assist and did indeed assist in the crime. Mens Rea of Accomplices: An accomplice must have the requisite mens rea, or guilty mind, to be criminally liable. They must intentionally aid or encourage the principal in the commission of the crime. Actus Reus of Accomplices: The actus reus, or guilty act, for an accomplice, is their action in aiding, abetting, or facilitating the crime. This could include providing tools, planning the crime, or helping to hide evidence. 2. Accessory After the Fact. Definition and Role: An accessory after the fact is a person who assists the principal or an accomplice after the crime has been committed. Their assistance usually involves helping the principal or accomplice escape arrest, trial, or conviction. Liability of Accessory After the Fact: The liability of an accessory after the fact is generally less than that of the principal or accomplice. This is because their involvement does not directly contribute to the commission of the crime but rather assists after the fact. Elements of Being an Accessory After the Fact: The essential elements include knowledge that a crime has been committed and some act of assistance or support to the principal or accomplice with the intent to hinder or prevent their arrest, trial, or punishment. 3. Inchoate Offenses: Attempt, Conspiracy, and Solicitation. Inchoate offenses are crimes that involve taking steps toward committing a crime but not completing the crime itself. These are critical in criminal law as they aim to prevent crimes before they occur. Attempt. Definition and Elements: An attempt to commit a crime involves a person taking substantial steps towards committing a crime but failing to complete it. The key elements are intent to commit the crime and taking a direct, ineffectual act towards its completion. Legal Tests for Attempt: Courts use various tests to determine whether an individual's actions constitute an attempt. These include the proximity test (how close the person came to completing the crime), the unequivocality test (whether the person's actions unequivocally demonstrate the intent to commit the crime), and the substantial step test (whether the actions taken are substantial steps towards committing the crime). Conspiracy. Definition and Elements: Conspiracy involves an agreement between two or more persons to commit a crime. The essential elements are an agreement to commit the crime and an intent to enter into this agreement.