ADJU 102 Chapter 5

Accessory

Every person who, after a felony has been committed, harbors, conceals, or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction, or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.

The punishment for an accessory is one-half of that for a principal.

False, a felony "wobbler," punishable by imprisonment in the state or in the county jail not exceed..

An accomplice is liable to prosecution for the identical offense as that charged against the principal.

True

Criminal guilt can be based on assistance willfully given for the purpose of facilitating another's commission of a criminal offense

True

If "A" helps "B" to voluntarily take a shot of heroin, and "B" dies from an overdose, "A" can be charged with manslaughter as being a principal to the death.

True

It is possible for the one who commits an act not to be guilty of a crime, but the one who aids and encourages such act to be guilty.

True

One can be guilty of being an accessory by helping another to plan a robbery.

True

One who advised and aided a friend to have sexual relations with a 16-year old girl could be guilty of unlawfully sexual intercourse even though he was not present when the act was committed.

True

The word "abet" generally signifies knowledge and wrongful purpose.

True

There is no such crime as being an accessory to a misdemeanor

True

Complaint

a criminal charge made to a court.

Charged Define

a formal complaint, indictment, or information has been filed against the person being concealed.

Abrogate

abolish, nullify, repeal

Compounding

accepting a reward not to prosecute, a crime in itself.

Coroner's Jury

appointed by coroner to hear evidence as to cause of death.

Subpoena

court order commanding witness to appear in court

Commitment

court order sending person to jail, hospital, etc.

Conspiracy

crime of two or more person planning to commit a crime

Culpable

deserving the blame, guilt or censure.

Contempt

disregard of court order or disrespect toward court

Autopsy

dissection or testing of a body to determine cause of death.

Corroboration

evidence which confirms, supports, substantiates

Except for juveniles, the testimony of an accomplice must be corroborated in all cases.

false

Feigned accomplices are guilty as principals providing they are over fourteen years of age

false

In those instances where required, an accomplice's testimony must be corroborated to a greater degree than merely showing that a crime was committed.

false

One cannot be guilty of being a principle to a crime if he was not present when the crime was committed.

false

The criminal law does not provide for punishment of those who merely assist another in committing a crime

false

The term "principal to a crime" apples to felonies only.

false

A "feigned accomplice" is one who did not know the wrongfulness of the act committed

false, one who participates in a crime for evidence gathering and prosecution purposes only

Contraband

goods forbidden by law to possess, import, etc.

Bench warrant

issued by judge for contempt or failure to appear.

Court trial

jury waived; judge determines guilt or innocence.

Conceal Define

more than a simple withholding of knowledge possessed by a party that a felony has been committed.

Bailiff

officer assigned to keep order in the court

Decedent

one who is dead, the deceased

Accomplice

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

Certiorari

order from appellate court to hear an appeal.

Coition

sexual intercourse, also coitus.

Circumstantial Evidence:

that from which other facts may be concluded.

Accessories

this, such as friends or relatives who hide a criminal, who assist the perpetrator after the crime, in order to help him avoid detection or apprehension

Aiders and Abettors

those who help the perpetrator commit the crime

Harbor Defined?

to "harbor" a person means to receive that person secretly or covertly and without lawful authority for the purpose of concealing him so that another having the right to lawful custody of such person shall be deprived of same

One can be a principal to a crime merely by advising and encouraging its commission by another.

true

The test as to whether one is an accessory is whether the latter could be prosecuted as a principal.

true

To be guilty of being an accessory, the accused must have actual knowledge that the principal has committed a felony

true

Battery

unlawful use of force on another.

How do you successfully prosecute a person for the crime of accessory?

1. Principal's crime was a felony. 2. Accessory had actual knowledge that the principal had committed a felony or been charged, or been convicted. 3. accessory either harbored, concealed, or aided 4. with intent of assisting the principal in avoiding arrest, trial, conviction, or punishment.

Who are principals

All person concerned in the commission of a crime, whether it be felony or misdemeanor, or whether they directly commit the act constituting the offense, or aid and abet in its commission, or not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, or persons who are mentally incapacitated, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed.