accomplice


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Accomplice

One who knowingly, voluntarily, and with common intent unites with the principal offender in the commission of a crime. One who is in some way concerned or associated in commission of crime; partaker of guilt; one who aids or assists, or is an Accessory. One who is guilty of complicity in crime charged, either by being present and aiding or abetting in it, or having advised and encouraged it, though absent from place when it was committed, though mere presence, Acquiescence, or silence, in the absence of a duty to act, is not enough, no matter how reprehensible it may be, to constitute one an accomplice. One is liable as an accomplice to the crime of another if he or she gave assistance or encouragement or failed to perform a legal duty to prevent it with the intent thereby to promote or facilitate commission of the crime.

An accomplice may assist or encourage the principal offender with the intent to have the crime committed, the same as the chief actor. An accomplice may or may not be present when the crime is actually committed. However, without sharing the criminal intent, one who is merely present when a crime occurs and stands by silently is not an accomplice, no matter how reprehensible his or her inaction.

Some crimes are so defined that certain persons cannot be charged as accomplices even when their conduct significantly aids the chief offender. For example, a businessperson who yields to the Extortion demands of a racketeer or a parent who pays ransom to a kidnapper may be unwise, but neither is a principal in the commission of the crimes. Even a victim may unwittingly create a perfect opportunity for the commission of a crime but cannot be considered an accomplice because he or she lacks a criminal intent.

An accomplice may supply money, guns, or supplies. In one case, an accomplice provided his own blood to be poured on selective service files. The driver of the getaway car, a lookout, or a person who entices the victim or distracts possible witnesses is an accomplice.

An accomplice can be convicted even if the person that he or she aids or encourages is not. He or she is usually subject to the same degree of punishment as the principal offender. In the 1982 decision of Enmund v. Florida, 458 U.S. 782, 102 S. Ct. 3368, 73 L. Ed. 2d 1140, the Supreme Court of the United States ruled that the death penalty could not be constitutionally imposed upon an accomplice to a felony-murder, a crime leading to murder, if he or she had no intention to, or did not, kill the victim. Earl Enmund drove the getaway car from a Robbery that resulted in the murder of its victims, an elderly married couple. Although Enmund remained in the car during the robbery and consequent killings and the trial record did not establish that he intended to facilitate or participate in a murder, the trial court sentenced him to death, along with the persons who actually killed the victims, upon his conviction for robbery in the first degree. In overturning the decision, the Supreme Court reasoned that to condemn such a defendant to death violated the Eighth and Fourteenth Amendments to the Constitution, which prohibited Cruel and Unusual Punishment in state prosecutions. The death penalty was an excessive punishment in light of the "criminal culpability" of this accomplice.

Cross-references

Capital Punishment; Criminal Law; Eighth Amendment; Fourteenth Amendment; Sentencing.

accomplice

n. someone who assists in the commission of a crime and, unlike a mere accessory, is usually present or directly aids in the crime (like holding a gun on the bank guard while the vault is looted, or holding a victim of assault and battery). Also unlike an accessory who can claim being only a subordinate figure, the accomplice may share in the same charge and punishment as the principal criminal. (See: accessory)

accomplice

noun abettor, accessory, accessory after the fact, accessory before the fact, advisor, aid, aider, aider and abettor, assistant, associate, associate in crime, associite in guilt, coactor, coconspirator, codefendant, codirector, collaborator, comate, confederate, confrère, conscius, consociate, contriver, cooperator, coworker, culpae socius, encourager, fellow conspirator, helper, helpmate, partaker, particeps criminis, participant, participator, partner, partner in crime, partner in wrongdoing, planner, principal, socius criminis, supporter
Associated concepts: accomplice witness, aiding and abetting, complicity, inchoate crimes, mens rea, vicarious liabillty, Wharton's rule
Foreign phrases: Agentes et consentientes pari poena plectentur.Acting and consenting parties are liable to the same punishment.
See also: abettor, accessory, assistant, coactor, coadjutant, coconspirator, cohort, colleague, confederate, consociate, conspirer, contributor, copartner, participant, partner

accomplice

a person who participates in a crime, either by ACCESSION or as a perpetrator, before or after the fact, by committing, procuring or aiding and abetting. Some degree of guilty knowledge is necessary.

ACCOMPLICE, crim. law. This term includes in its meaning, all persons who have been concerned in the commission of a crime, all particepes crimitis, whether they are considered in strict legal propriety, as principals in the first or second degree, or merely as accessaries before or after the fact. Foster, 341; 1 Russell, 21; 4 Bl. Com. 331; 1 Phil. Ev. 28; Merlin, Repertoire, mot Complice. U. S. Dig. h.t.
     2. But in another sense, by the word accomplice is meant, one who not being a principal, is yet in some way concerned in the commission of a crime. It has been questioned, whether one who was an accomplice to a suicide can be punished as such. A case occurred in Prussia where a soldier, at the request of his comrade, had cut the latter in pieces; for this he was tried capitally. In the year 1817, a young woman named Leruth received a recompense for aiding a man to kill himself. He put the point of a bistouri on his naked breast, and used the hand of the young woman to plunge it with greater force into his bosom; hearing some noise he ordered her away. The man receiving effectual aid was soon cured of the wound which had been inflicted; and she was tried and convicted of having inflicted the wound, and punished by ten years' imprisonment. Lepage, Science du Droit, ch. 2 art. 3, Sec. 5. The case of Saul, the king of Israel, and his armor bearer, (1 Sam. xxxi. 4,) and of David and the Amelekite, (2 Sam. i. 2-16,) will doubtless occur to the reader.

References in classic literature ?
But her anger was too great not to overflow from Malicorne on his accomplice.
It is supposed that Trippetta, stationed on the roof of the saloon, had been the accomplice of her friend in his fiery revenge, and that, together, they effected their escape to their own country: for neither was seen again.
And the accomplice of your guilt, Lady Arabella March, came for the same purpose.
You, of course, saw that everyone in the street was an accomplice.
His only accomplice was one who could never give him away, and the grotesque, inconceivable nature of the device only served to make it more effective.
This mute accomplice had returned, after having completed the work it had been destined to perform; it returned with the traces of the crime; it spoke to the guilty author of that crime, with the frank and unreserved language which an accomplice never fears to use in the company of his companion in guilt; for it spoke the truth.
The adventures of his rogue of a hero, who began life as the servant and accomplice of a blind beggar, and then adventured on through a most diverting career of knavery, brought back the atmosphere of Don Quixote, and all the landscape of that dear wonder- world of Spain, where I had lived so much, and I followed him with all the old delight.
It was the accomplice she welcomed and not the man.
We both think it likely (from our experience of the women) that the suspected murderer had an accomplice.
She wisely begins by sympathising with her contemplated accomplice.
The physician's accomplice, undertaker's benefactor
What will the daughter of my adoption, the child of my first and last experience of maternal love, think of me, now that I have made myself an accomplice in the fraud of which she is ashamed?