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Subject: Choose those you "help out" VERY wisely... rss

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Phil Sauer
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This is a public service message for your entertainment and education! Enjoy!
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An accessory to a crime is any individual who knowingly and voluntarily participates in the commission of a crime. An accessory is not typically present at the scene of the crime, but contributes to the success of the crime before or after the fact. A person charged as an accessory to a crime before the fact is one who incites, abets, or aids a person in the commission of a criminal act. An individual who is an accessory after the fact receives, shelters, comforts, relieves, or assists a felon after the crime has been committed. A person can be an accessory if they provide any support or assistance, whether financially, emotionally, or factually.

By law, an accessory can be held as liable as the principle actor who carries out the criminal act. If a person is an accessory to a felony crime, they too can be charged with committing a felony offense and subject to penalties accordingly. However, there may be different penalties for being an accessory versus a principle actor in a crime. Federal law states that a person who is convicted of an accessory crime shall be subject to a penalty that does not exceed half of the maximum incarceration or fine for the principle act of the crime. If the principle crime is punishable by death, the accessory to the crime will not be imprisoned for more than fifteen years. These provisions are subject to exceptions as made by the federal government. State accessory laws may be similar to federal laws.

Accessory crimes and punishments are subject to the laws applicable to state or federal laws depending on the criminal offense. Some states accessory laws echo common law definitions of an accessory crime. Common law considers an accessory as guilty as the principle player(s) in a crime. Many states today, however, make a distinction between the severity of an accessory crime after the fact and the principle criminal act.

An accessory after the fact is an individual who knowingly shelters or aids a criminal after they commit a crime. The accessory does so in order to help the felon evade arrest or criminal prosecution. In some states the crime of being an accessory after the fact is considered less severe than the actual crime that was committed. Even in states with this distinction, an accessory can still be held just as liable for the criminal act as the perpetrator. Some states have provisions which do not consider a criminal's spouse an accessory after the fact if they receive or comfort their spouse after a criminal act.

An accessory can be charged with being a conspirator in a crime when they had a higher degree of involvement in planning the crime or facilitating its commission. Conspiracy and accessory charges are technically different, but most of the time a person can be charged with both. A conspirator is an accessory to a crime that unlawfully plans a criminal act. In some cases, a conspirator can be found guilty even if the crime was never carried out, making this accessory offence legally controversial. Typically, one conspirator had to have committed an overt action, indicating that the conspiracy was put into action, in order for conspiracy charges to apply.

For a person to legally be found guilty of an accessory offense, the prosecutors must prove that the defendant had knowledge of the crime that was going to be, or had been, committed. The prosecutors must also prove that the alleged accessory had intentionally acted to help the criminal in the commission of the offense. A person who unknowingly houses a person who has just committed a crime, for instance, may not be charged with an accessory offense because they did not have knowledge of the crime. Spouses may also be exempt from accessory charges.
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Morgan Dontanville
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Phil, what did you do?
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fightcitymayor
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I ripped a tag off of a couch cushion, and then Phil let me crash on his couch for the night.
He's probably looking at a felony, 20 years to life.
I am so sorry.


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Phil Sauer
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sisteray wrote:
Phil, what did you do?

Me? Nothing at all.

I just found it... interesting... and relevant to some, perhaps. Perhaps not though.
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Andy Andersen
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The postmark on his thread is the State of Pennsylvania Department of Corrections.

whistle
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Phil Sauer
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Orangemoose wrote:
The postmark on his thread is the State of Pennsylvania Department of Corrections.

whistle

Got any smokes? I learned a while back that there is always a paper trail, especially when you believe there isn't one.
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Scott Russell
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sisteray wrote:
Phil, what did you do?



I think the relevant question is, Phil, what do you know about that has been done?
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Phil Sauer
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qzhdad wrote:
sisteray wrote:
Phil, what did you do?



I think the relevant question is, Phil, what do you know about that has been done?

I know nothing. I'm just thinking that out of the thousands of people who use this site, someone is bound to find this information of benefit.

Again, for information and entertainment value only.

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Jason Sadler
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Thanks. Can you do one on conspiracy next?
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Billy McBoatface
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So if, say, Andy drives me to Morgan's house, where I steal his mojo, then Scott Russell hangs on to it for me until the fuzz cool off a bit, and meanwhile Sgt. Sadler claims we were out fishing together at the time of the crime, then we all go to prison when the whole shenanigan is uncovered?

Well that just sucks, Phil. You wrecked the plan. yuk
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Phil Sauer
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BeatPosse wrote:
Thanks. Can you do one on conspiracy next?

I'm happy to do so... it's actually related!

Gotta go. Lock down in 15 minutes. Say, anyone have any smokes?
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