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Topic: The Accomplice


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In the News (Thu 26 Nov 09)

  
  Accomplice - Wikipedia, the free encyclopedia
An accomplice differs from an accessory in that an accomplice is present at the actual crime, and could be prosecuted even if the main criminal is not charged or convicted.
At law, an accomplice has the same degree of guilt as the person he or she is assisting, is subject to prosecution for the same crime, and faces the same criminal penalties.
The fairness of the doctrine that the accomplice is as guilty as the primary offender has been discussed many times, particularly in cases of capital crimes.
en.wikipedia.org /wiki/Accomplice   (683 words)

  
 [No title]
For reversal, appellant contends first, that the trial court erred in failing to declare one of the state's witnesses an accomplice as a matter of law or in failing to instruct the jury on the accomplice question, and second, that there was insufficient evidence of guilt.
Our law is well-settled that a witness's status as an accomplice is a mixed question of law and fact, and that when the status of a witness presents issues of fact, the defense is entitled to have the question submitted to the jury.
See, id. When, as in the present case, the witness's status as an accomplice presents a jury question and the jury was erroneously not given the opportunity to pass on that question, remand for retrial is the appropriate remedy.
courts.state.ar.us /opinions/1996/cr951175.txt   (2180 words)

  
 ACCOMPLICE - LoveToKnow Article on ACCOMPLICE
The term is chiefly important where one of those charged with a crime turns king's evidence in the expectation of obtaining a pardon for himself.
Accordingly, as his evidence is tainted with self-interest, it is a rule of practice to direct a jury to acquit, where the evidence of an accomplice is not corroborated by independent evidence both as to the circumstances of the offence and the participation of the accused in it.
An accomplice who has turned king's evidence usually receives a pardon, but has no legal right to exemption from punishment till he has actually received it.
www.1911encyclopedia.org /A/AC/ACCOMPLICE.htm   (159 words)

  
 NHBA - Bar Journal Issue
As one scholar observed, conviction of an accomplice in the commission of a crime of negligence should be permitted as long as the accomplice has the two mental states previously discussed—intent to assist in conduct that forms the basis of the offense and the mental state required for commission of the subsequent offense.
In other words, the accomplice must meet the required mens rea of the offense, but, if the principal’s mental state is something less than purposeful, the State need only establish the lesser mens rea on the part of the accomplice to prove him or her guilty of the offense.
In Anthony, the defendant was indicted on a class B felony charge of accomplice to cruelty to animals for allegedly assisting her husband in binding a colt’s four legs together with the purpose of leaving the colt on the ground, which caused the colt to suffer pain and injury.
www.nhbar.org /publications/display-journal-issue.asp?id=306   (4989 words)

  
 Accomplice   (Site not responding. Last check: 2007-09-18)
It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law.
An accomplice is a person who knowingly and with criminal intent participates directly or indirectly with another (other) person(s) in the commission of a crime.
The testimony of an accomplice is admissible in evidence, yet in considering such testimony, as to matters connecting the Defendant with the commission of the crime which are not supported by other evidence and circumstances, you should examine such testimony with great care and caution in determining what weight you give thereto.
www.state.wv.us /wvsca/jury/crim/accomp.htm   (227 words)

  
 117 Wn. App. 831, State v. Teal
If the "to convict" instruction refers only to the conduct of the defendant, accomplice liability is beyond the scope of the instruction, and the State assumes the burden of proving that the defendant's conduct established all the elements of the crime without reference to the conduct of an accomplice.
Accomplice liability, though not an "element," must still be proved by the State beyond a reasonable doubt in order for a jury to convict.
Considered as a whole, the instructions required the jury to determine defendant's liability as an accomplice in light of the elements of the principal crimes in the perpetration of which such liability arose and under the overall requirement that criminal liability must be proved beyond a reasonable doubt.
www.mrsc.org /mc/courts/appellate/117wnapp/117wnapp0831.htm   (3814 words)

  
 CATHOLIC ENCYCLOPEDIA: Accomplice
An accomplice is one who cooperates in some way in the wrongful activity of another who is accounted the principal.
Then it must be borne in mind that the cooperation may be described as proximate or remote in proportion to the closeness of relation between the action of the principal and that of his helper.
The reason for this assertion is patent; for the action of the accomplice is assumed to be unexceptionable, his intention is already bespoken to be proper, and he cannot be burdened with the sin of the principal agent, since there is supposed to be a commensurately weighty reason for not preventing it.
www.newadvent.org /cathen/01100a.htm   (741 words)

  
 OSCN Found Document:Yeargain v State   (Site not responding. Last check: 2007-09-18)
An "accomplice" is one who, with criminal intent, is concerned with others in the commission of a crime, either by being present participating in it, or, not being present, by aiding and abetting it, or by having advised and encouraged its commission, though not present when it is committed.
The contention of the defendant is that the witnesses, Marshall and Phelps, were accomplices, that their testimony was uncorroborated, and that therefore the court erred in refusing to direct a verdict of acquittal.
of an accomplice, it is equivalent to the declaration that the verdict is contrary to the law and the evidence, and this is always a legal question.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=51964   (2824 words)

  
 OSCN Found Document:Determining When Corroboration by Accomplice Is Sufficient   (Site not responding. Last check: 2007-09-18)
[I]f a witness is clearly shown to be an accomplice as a matter of law, the trial court must instruct the jury that the witness is an accomplice and that his testimony must be corroborated.
Thus, selection of the appropriate accomplice instruction depends upon whether the witness is deemed to be an accomplice as a matter of law or whether the issue of the witness's status as an accomplice is a question of fact for the jury.
The question of whether a cautionary instruction regarding the credibility of an accomplice is warranted was resolved in the negative in Allen, supra, on the ground that a cautionary instruction is required only where "statements made by an accomplice or informer are uncorroborated." 1974 OK CR 91, ¶ 10, 522 P.2d at 246.
www.oscn.net /applications/oscn/deliverdocument.asp?citeID=81488   (759 words)

  
 Oregon Judicial Department Appellate Court Opinions
Having discussed the statutory grounds for credibility and corroboration instructions and the definition of "accomplice" for purposes of determining when such instructions should be given, we next consider the appropriate roles of the judge and jury in deciding whether a witness is an accomplice witness.
Oatney's accomplice." It is clear that the challenged instruction identified Johnston, as a matter of law, as an accomplice witness in the commission of the crimes charged in the indictment against defendant.
If the trial court determines that a witness is an accomplice witness as a matter of law, then it may instruct the jury that the testimony of that witness must be viewed with distrust and must be corroborated, without telling the jury that the witness is an "accomplice witness" as a matter of law.
www.publications.ojd.state.or.us /S45850.htm   (9265 words)

  
 Accomplices/Parties to crime   (Site not responding. Last check: 2007-09-18)
In accomplice law (complicity), the statutory law has evolved much beyond the common law, and the case law is extensive and confusing about exactly where the lines are drawn.
She cooperated by cleaning up the bathroom, but is insulated (by state statute) from accomplice after the fact because of her relationship as a parent.
YES - you are an accomplice to vehicular manslaughter and can be charged and penalized the same as the driver because (a) you put your vehicle (an instrumentality) in the hands of a criminal, (b) you sat side-by-side with the criminal, and (c) you permitted the criminal to continue driving (committing crime) without protest.
faculty.ncwc.edu /toconnor/293/293lect04.htm   (1789 words)

  
 102 Wn.2d 148, STATE v. HARRIS
Although a cautionary instruction on the limitations of accomplice testimony should be given whenever accomplice testimony has been introduced, the absence of such an instruction does not constitute reversible error unless either the prosecution relies solely on accomplice testimony or the other evidence relied on by the prosecution does not substantially corroborate the accomplice testimony.
Supreme Court: Holding that neither the absence of a cautionary accomplice instruction nor the admission of evidence of the previous conviction was reversible error and that enhancing punishment based on deadly weapon and firearm findings did not violate double jeopardy principles, the court AFFIRMS the decision of the Court of Appeals and the judgment.
Yet, even this clarification of the rules regarding accomplice testimony is insufficient here, for this case requires us to determine the extent of corroboration necessary to save the defendant from prejudice in the absence of a cautionary instruction.
www.mrsc.org /mc/courts/supreme/102wn2d/102wn2d0148.htm   (3396 words)

  
 Reubens Accomplice Official Site
Reubens Accomplice is the moniker of Jeff Bufano and Chris Corak, a duo that has been doing their thing for some time now.
Reubens Accomplice come at you with sounds you've heard before, and while none of them are awful enough to make you sick, they're not interesting enough to make you sit up and take notice, either.
Accomplice's latest CD, The Bull, The Balloon and The Family, is released on Western Tread Recordings, a start-up imprint run by Jimmy Eat World's singer Jim Adkins.
www.reubensaccomplice.com /reviews.html   (5439 words)

  
 Accomplice Music - Melodic Progressive Rock Music by the band Accomplice
ACCOMPLICE has had a couple of re-lo's and a studio setback or two....
ACCOMPLICE "A2K2" (tentatively titled) should be mixed by @ April 10th, which means we will be shopping it to a few interested labels and others after the first promo pressing is finished.
Accomplice will be at Simon's "Coy Studios" till @ the 15th of June, then they will invade Derek's "Leopard Room" for the rest of the tracks.
www.accomplicemusic.com   (659 words)

  
 [No title]
When requested to give an accomplice/participant instruction, the court must determine whether the witness is an accomplice as a matter of law, whether the witness is not an accomplice as a matter of law, or whether a question of fact exists as to whether the witness is an accomplice.
The Alaska Supreme Court has stated that the test for determining whether the witness is an accomplice as a matter of law is whether the evidence is uncontroverted that the witness was or could be charged with the same crime for which the defendant is being prosecuted.
In either case (accomplice as a matter of law or as a question for the jury), the jury should be instructed that they should view the testimony of an accomplice/participant with distrust.
www.state.ak.us /local/akpages/COURTS/ins/1.20.doc   (788 words)

  
 Generic
That is to say, an accomplice is not guilty of an independent offense of "aiding and abetting," instead the accomplice derives liability from the principal's acts and is convicted of any offense committed by the principal.
Accomplice liability does not involve imposing liability on one party for the wrongs of another solely because of the relationship between the parties.
And so, a person could not be convicted of being an accomplice based solely on a theory of vicarious liability - there would have to be culpability and conduct on the part of the secondary actor (accomplice) to impose liability.
faculty.washington.edu /jackiem/Criminal_Law_2004/Questions_Answers.html   (8054 words)

  
 Rough Edge: Accomplice CD Reviews   (Site not responding. Last check: 2007-09-18)
Accomplice is a progressive, melodic hard rock band that bring to mind the work of Emerson Lake and Palmer, Styx, Axe and even Rush.
Not as rough-edged as, say, Deep Purple, but not as complex (guitar-wise, at least) as Stratovarius or Gamma Ray, Accomplice boast a keyboard-heavy sound with sometimes screechy vocals that are a cross between the guy from Styx and Geddy Lee from Rush.
Accomplice is: Stephen Green - lead vocals; Sean Clegg - guitars, vocals; Scott Snyder - bass, vocals; Richard Arbuckle - drums.
www.roughedge.com /cdreviews/a/accomplice.htm   (153 words)

  
 People v Caban (2004 NYSlipOp 01237)
The second is whether the trial court's failure to instruct the jury sua sponte that a prosecution witness was an accomplice as a matter of law should be reviewed in the interest of justice, despite defense counsel's explicit request that the witness's accomplice status be submitted to the jury as a factual question.
In Sweet, the Court of Appeals held that a cooperating prosecution witness was an accomplice as a matter of law based on her prior guilty plea to facilitating the robbery for which the defendant was being tried, notwithstanding her subsequent disavowal of complicity in the robbery during her trial testimony.
A witness "may be an accomplice for corroboration purposes if he or she may reasonably be considered to have participated in an offense based upon some of the same facts or conduct which make up the offense on trial" (People v Berger, 52 NY2d 214, 219 [1981]; see also CPL 60.22 [2]).
www.courts.state.ny.us /reporter/3dseries/2004/2004_01237.htm   (4309 words)

  
 King v. State (Corbin, J.)
Appellant contends the trial court erred in failing to declare Scott an accomplice as a matter of law.
Our law is well-settled that a witness's status as an accomplice is a mixed question of law and fact, andthat when the status of a witness presents issues of fact, the defense is entitled to have the question submitted to the jury.
See, id. When, as in the present case, the witness's status as an accomplice presents a juryquestion and the jury was erroneously not given the opportunity to pass on that question, remand for retrial is the appropriate remedy.
courts.state.ar.us /opinions/1996/cr951175.html   (2169 words)

  
 State of NH v. Virginia Anthony
The defendant was indicted on a class B felony charge of accomplice to cruelty to animals for allegedly assisting her husband, Michael Anthony, in binding a colt’s four legs together with the purpose of leaving the colt on the ground, which caused the colt to suffer pain and injury.
IV. When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.
This encompasses the requirement that the accomplice’s acts were designed to aid the primary actor in committing the offense and that the accomplice had the purpose to make the crime succeed." Etzweiler, 125 N.H. at 63-64 (quotation and citation omitted).
www.courts.state.nh.us /supreme/opinions/2004/antho135.htm   (1591 words)

  
 "Accomplice" Defined & Explained
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 accessories before or after the fact.
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.
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.
www.lectlaw.com /def/a008.htm   (294 words)

  
 accomplice on Encyclopedia.com   (Site not responding. Last check: 2007-09-18)
GERARD CERLES Agence France Presse 03-02-2004 Alleged accomplice of Belgian convicted child rapist Marc Dutroux, Michel Lelievre, is seen in the dock of Arlon's assize court 02 March 2004.
POOL Agence France Presse 03-01-2004 Michele Martin, former wife and alleged accomplice of convicted child rapist Marc Dutroux, is pictured in the Box of Arlon's assize court 01 March 2004.
GERARD CERLES Agence France Presse 03-01-2004 Michele Martin, former wife and alleged accomplice of convicted child rapist Marc Dutroux, is pictured in the dock of Arlon's assize court 01 March 2004.
encyclopedia.infonautics.com /html/X/X-accompli.asp   (723 words)

  
 'Accomplice' mixes mystery, sharp wit
In Rupert Holmes' archly funny "Accomplice," the award-winning playwright spoofs such theatrical mysteries as "Sleuth" and "Deathtrap" with an insouciance and razor wit that makes you wish the play's layers would just keep peeling away, that the hairpin plot twists would just keep sending you happily around the bend for a bit longer.
We're never quite sure where we are, whether it's a posh English country home or a clever stage set of a manor parlor on the moors.
Holmes' plot, part sex farce and part whodunit, is so slippery and intriguing (and not to be given away) that all we can do is hold on for the ride and let the surprises come.
www.rupertholmes.com /theatre/AccomplicemixesmysterysharpwitOregon.htm   (433 words)

  
 Accomplice™ - Your Partner in Time   (Site not responding. Last check: 2007-09-18)
Accomplice is a simple, yet very effective, application to help you — and those you work and live with — get and stay organized.
"Accomplice is a very slick personalized organizer from an Angel-funded company that lets you manage the myriad of tasks you're required to perform in your personal and business life."
"Most companies would have vetoed the name Accomplice for fear of possible implied criminal traits, but this company was smart enough to know that the target audience is not that literal.
www.accomplice.com /buzz.html   (300 words)

  
 Accomplice™ - Accomplice, Inc.   (Site not responding. Last check: 2007-09-18)
Accomplice addresses a rapidly emerging “white space” between trivial to-do list utilities and heavy, complex project systems.
Accomplice has uniquely recognized that such a solution must shine at the individual level to work at the team level.
Accomplice™’s patent-pending software gives you one easy place to see and manage what’s on your plate, what each person on your team is up to, and what you’re trying to achieve.
www.demo.com /demonstrators/demo2006/62961.html   (302 words)

  
 ONLY AN ALLIGATOR info - Steve Aylett website
A town which makes even you seem normal, Accomplice is a languid semi-tropical republic which roofs a world of conspiring demons.
The simple Barny, friend to chimps and lions, becomes the nemesis of a king demon and must tirelessly ignore the hordes of hell with the help of his friends and mortal enemies.
Accomplice is a non-stop assault of gags, ouright sick moments and sharp observations on human foibles.
www.steveaylett.com /Pages/alligator.html   (297 words)

  
 Freeway Killer Accomplice   (Site not responding. Last check: 2007-09-18)
IONE, CALIFORNIA - The accomplice in the Freeway Killings, James Munro, 37 years of age, and an inmate in the California Department of Corrections asked Governor Davis for the State of California to parole him.
Munro was convicted for the 1980 Freeway Murder Case of Steven James Wells, an 18 year old from Downey, CA.
The so-called accomplice was himself threatened by Bonin if he(Munro) did not partake in disposing of the body of Steven James Wells.
www.mansonfamilypicnic.com /munro1.htm   (1197 words)

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