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After hearing about his close call with the police and his generous offer to compensate her by giving her a percentage of the money he got from robbing the restaurant, she agreed to let him hide from the police at her place for a while.
Because Jack was aware that Thomas intended to rob the restaurant by gaining access through the door that Jack purposely left unlocked, he was charged with aiding and abetting, even though he was not present when the robbery took place. Janet was charged with aiding and abetting because she had knowledge of the crime and helped Thomas avoid arrest by letting him hide at her apartment.
She also profited financially from the crime. It does not matter that her involvement came after and not before the crime was committed. Share Flipboard Email. Government U. Foreign Policy U. Liberal Politics U.
Charles Montaldo. Private Investigator. Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. Updated February 16, Cite this Article Format. Montaldo, Charles. 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.
To convict someone of aiding and abetting a crime, the prosecutor must prove certain elements. In a federal case, those elements include:. 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.
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. 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.
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.
This is not to say that anyone who daydreams up a crime can be charged with conspiracy. If, however, two or more people collaborate on how to commit a specific crime, coming up with plans to carry it out, they have conspired to commit that crime. Should something happen to prevent them from engaging that plan, they still have committed the crime of conspiracy. Armand, an executive assistant at a finance firm, knows that his boss keeps certain passwords and login information in a notebook in his desk drawer.
He befriends Letti, who he knows has no problem doing things that are morally questionable. Another employee overhears Armand and Letti talking over lunch on the patio, and mentions it to management, who calls the police. A quiet investigation ensued, with police interviewing witnesses, and viewing surveillance video of the pair talking frequently.
Both Armand and Letti are then taken into custody, and charged with conspiracy to commit the crime — even though the actual crime was never completed. One of the men, Daniel Wilkins, was mocking the other, Donald Rose, saying he had not proven himself as a gang member. As Rose headed into an area controlled by two Blood gangs enemies of the East Coast Crips , a California Highway Patrol officer pulled over a car that was both speeding and driving recklessly.
The officer took the driver of the car to jail, leaving the passenger William Dabbs at the scene. Apparently unable to drive the car, Dabbs walked to a pay phone to call his cousin for a ride. During the brief conversation, the cousin heard the phone suddenly drop, then he heard a fight, which ended with two gun shots.
Dabbs died soon after from his injuries. A few months later, both Wilkins and Rose were arrested for the crime. While Rose did not confess to the shooting, Wilkins confessed to aiding and abetting the crime, having egged Rose on to go looking for someone to shoot. He told police that Rose had robbed and shot the victim. The state decided to prosecute both men for robbery and murder.
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