ADMJ 103 Lecture Notes - Lecture 31: Abettor, Statutory Rape, Mens Rea
Document Summary
Gcc: perpetrator and accomplice: degree of guilt, the courts are split on whether the accomplice can be guilty of a higher crime than the principal. C/l rule was that an accessory could not be convicted of a more serious offense or a higher offense than that of the principal (he could be convicted of a lesser offense) Modern trend: most courts treat criminal homicides differently: on the right facts the courts are willing to convict an accomplice of a higher degree of criminal homicide than the perpetrator. Aider and abettor can be guilty of a greater crime that the principle. Actus is actus, but two perps in the same crime can have different mens rea: special defense: legislative-exemption rule (legislatively protected class) The accomplice must do more than spontaneously and silently withdraw from the criminal activity. He must communicate his withdrawal to the principal and attempt to neutralize the effect of his prior assistance.
