Aiding and abetting common law

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Definition of Aiding and Abetting Noun The act of helping, encouraging, or supporting someone in the commission of a crime. Verb To actively encourage, to assist, or to support the commission of a criminal act. Origin of Abet Middle English abette What is Aiding and Abetting In order to deter people from helping criminals get away with their crimes, the law makes giving aid a crime in and of itself. A person may be charged with the crime of aiding and abetting, even though he was not present during, or did not physically assist with, the commission of the crime.

Someone who aids and abets a crime may provide support by giving advice, financial support, or by taking action not directly related to the crime itself, for the purpose of facilitating its success. A few weeks later, Rob comes home in a rush, hauling a couple of heavy bags down the basement steps. Worried, Della follows him down, to see a huge amount of cash in the bags, as Rob worked frantically to stuff it all into a hole in the wall behind the heating unit.

When they tell her they have evidence that Rob committed a bank robbery recently, she acts shocked, and denies knowing anything about it. The truth is, she has suspected as much the day he brought the cash home, but has been reluctant to say something. Throughout the investigation, in this example of aiding and abetting, Della denies any involvement with, or even knowledge of the crime. History of Aiding and Abetting as a Crime In the United States, the first law dealing with the issue of holding someone responsible for assisting someone in the commission of a crime was passed in The law made it a crime to aid, counsel, advise, or command someone in the commission of a murder , or of robbery on land or sea, or of piracy at sea.

In , the law was expanded to include the commission of any felony. In , the law was done away with, and replaced with a more modern statute, now found in 18 U. Section The changes primarily include modernization of language and grammatical style. Section became 18 U. Section 2 a. This updated law makes it clear that someone who aids and abets the commission of a crime will be punished as though he or she did commit the crime.

In a federal case, those elements include: The accused specifically intended to aid in the commission of the crime, for the purpose of making the endeavor successful; The accused took positive action to aid, or participated in some element of, the commission of the crime, though the level of participation may be relatively small; Someone other than the accused actually committed the underlying crime.

To gain a conviction, a jury must be convinced that the elements of aiding and abetting are present, beyond a reasonable doubt. In truth, once the prosecution establishes that the defendant knew about the crime, or the unlawful purpose of some element, it has made sufficient connection for the jury to convict. Differences Between Aiding and Abetting, and Accessory Both aiding and abetting, and acting as an accessory to a crime, are illegal acts.

Specific laws regarding these actions vary by jurisdiction , and the definitions overlap in some ways, leading to their interchangeable use. There are differences between aiding and abetting, and accessory, however. Aiding — the giving of assistance or support to someone else in their commission of a crime.

Abetting — the encouragement, or motivating someone to commit a crime. This may include rabble-rousing, goading, and instigating someone, or a crowd, to commit an illegal act. Accessory — a person who actually assists in the commission of a crime committed primarily by someone else. In most jurisdictions, the law distinguishes between an accessory after the fact, and an accessory before the fact, lending additional prosecutorial power. To be convicted of this type of crime, however, the prosecution must prove that the accomplice knew that a crime was being, or had been, committed by the principal.

What is Conspiracy The primary difference between aiding and abetting or being an accessory to a crime and a conspiracy is whether or not the crime was actually committed. While the former are charges imposed after the crime has been committed — naming a third party who helped in some way to facilitate or cover up the crime — someone can be charged with conspiracy, even if the crime never happened.

Cassell, 24 N. Is a mental state required for aiding and abetting a strict liability crime? As discussed in my blog post here , because aiding and abetting requires that the defendant act knowingly, when the defendant is prosecuted as an aider and abettor to a strict liability crime, a mental state is required. Does the defendant have to be present when the crime is committed? Even if the defendant is not immediately present, he or she can be convicted if the defendant stands by in a position in which he or she can help, and the principal in the first degree knows that.

McKinnon, N. Is mere presence enough? Mere presence at the crime scene does not make the defendant an aider and abettor, even if the defendant has an intent to assist; to be guilty, the defendant must aid or actively encourage the person committing the crime or communicate to that person in some way his or her intention to assist. Lucas, N. Can an omission ever be the basis of an aiding and abetting charge? Walden, N.

Ainsworth, N. Can a defendant be convicted if the principal is acquitted? Some cases suggest that if the principal and the aider and abettor are tried separately, the defendant may be convicted of aiding and abetting even if a principal in the first degree is acquitted. Witt, N. Distinguishing this law, however, at least one case has held that if the indictment names a principal, the defendant may not be convicted of aiding and abetting if the named principal is acquitted in a separate trial.

Byrd, N. If the principal and the aider and abettor are tried jointly, at least one court of appeals case suggests that acquittal of the principal does not bar a conviction of the aider and abettor. See State v. Spruill, N.