COMMON LAW PARTIES TO CRIME (MORE ON EACH)
� PRINCIPAL IN THE FIRST DEGREE
� PRINCIPAL IN THE SECOND DEGREE
� ACCESSORY BEFORE THE FACT
� ACCESSORY AFTER THE FACT

PRINCIPAL IN THE FIRST DEGREE
� THE PERSON WHO ACTUALLY DID THE ILLEGAL ACT
� THIS IS COMMON LAW, NOT CALIFORNIA LAW

PRINCIPAL IN THE SECOND DEGREE
� A PERSON WHO KNOWINGLY ASSISTED IN THE COMMISSION OF THE CRIME
� HAD TO BE AT THE SCENE
� THIS IS COMMON LAW, NOT CALIFORNIA LAW

ACCESSORY BEFORE THE FACT
� NOT PRESENT AT SCENE OF THE CRIME
� AIDED AND ABETTED, ADVISED AND ENCOURAGED THE PRINCIPAL BEFORE THE CRIME
� COMMON LAW, NOT CALIFORNIA LAW

ACCESSORY AFTER THE FACT
� HELPED THE PRINCIPAL ESCAPE ARREST, PROSECUTION OR PUNISHMENT
� COMMON LAW, NOT CALIFORNIA LAW

CALIFORNIA PARTIES TO CRIME
� PRINCIPALS (MORE TO COME)
� ACCESSORIES (MORE TO COME)

PRINCIPALS TO CRIME IN CALIF.
� INCLUDES THOSE DEFINED AS FIRST AND SECOND DEGREE PRINCIPALS AND ACCESSORIES BEFORE THE FACT AT COMMON LAW
� INCLUDES FELONIES, MISDEMEANORS AND INFRACTIONS
� AIDS AND ABETS (DEFINITION FOLLOWS) IN COMMISSION OF CRIME OR
� ADVISED AND ENCOURAGES (EVEN IF NOT PRESENT) OR
� GETS ANOTHER DRUNK FOR PURPOSE OF CRIME OR
�  COMPELS ANOTHER TO COMMIT A CRIME

AIDING AND ABETTING DEFINED
� MUST KNOW ABOUT CRIME
� MUST SHARE CRIMINAL INTENT
� MUST AID, PROMOTE OR ENCOURAGE CRIME
� MERE PRESENCE AT CRIME SCENE NOT ENOUGH

PUNISHMENT OF PRINCIPALS
� ALL PRINCIPALS EQUALLY GUILTY
� EXCEPTION: NON- TRIGGERMEN IN MURDER
� ONLY THOSE WHO ACTUALLY MURDER MAY RECEIVE DEATH PENALTY

ACCESSORY DEFINED
� INCLUDES ONLY �ACCESSORIES AFTER THE FACT� IN CALIFORNIA
� �ACCESSORIES BEFORE THE FACT� ARE PRINCIPALS IN CALIF.
� FOR FELONIES ONLY
� MUST KNOW FELONY COMMITTED AND
� MUST HARBOR, CONCEAL, OR AID FELON AND
� MUST HAVE INTENT TO HELP FELON ESCAPE ARREST OR PROSECUTION

MUST KNOW FELONY COMMITTED
� INCLUDES �REASONABLY SHOULD HAVE KNOWN�
� EXAMPLE: THROWING A BLOODY KNIFE OFF A PIER WHEN ASKED BY A FRIEND

MUST HARBOR, CONCEAL OR AID
� �HARBORING� AND �CONCEALING� MEANS HIDING THE SUSPECT
� �AIDING� COULD INCLUDE HIDING EVIDENCE
� THIS IS WHY DOCTORS CALL POLICE FOR GUNSHOT WOUNDS

ACCOMPLICE DEFINED
� AN ACCOMPLICE IS A PRINCIPAL...
� WHO TESTIFIES AGAINST ANOTHER PRINCIPAL
� SUCH TESTIMONY MUST BE CORROBORATED
� �CORROBORATION� IS INDEPENDENT EVIDENCE

EXCEPTIONS TO CORROBORATION REQUIREMENT
� TESTIMONY ALONE SUFFICIENT IN JUVENILE COURT
� �FEIGNED ACCOMPLICE� HAS NO CRIMINAL INTENT
� SUCH TESTIMONY NEED NOT BE CORROBORATED
Hosted by www.Geocities.ws

1