CJ230 Unit 4 Discussion 2
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Feb 20, 2024
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Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers' posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.
Topic 2: Defenses: Accomplice Liability
There are several defenses to the crime of accomplice liability. Explain two such defenses and provide an example of each. This Discussion Board topic requires outside research.
There are six types of defense regarding
accomplice liability
which are: duress, no crime, failure of accomplishment, intent, foresee ability, and withdraw.
An example of withdraw is Bill wants to commit the crime of the century, so he puts together a plan to rob the United States gold reserve at Fort Knox. Hillary finds out what Bill is up to and, thinking that he will be famous for this, encourages him to go for it. She even gives him a shotgun of hers that she tells him to use during the robbery. On the day of the robbery, Hillary has a change of heart and begs bill not to go through with it. However, Bill will not be deterred and goes off to carry out the plan. Bill successfully carries out the robbery, but he is caught a few days later. He is tried and convicted of the bank robbery. If Hillary is tried as an accomplice, she will be convicted as well:
In a situation where someone has encouraged or assisted in the
commission of a crime, he may be able to avoid a conviction by making an effective and timely withdrawal of his help or encouragement. Hillary's withdrawal was certainly
timely.
However, for her withdrawal to have been effective she had to have taken the
gun back from Bill.
Since she did not do this, her withdrawal is not legally effective, and she can be convicted as an accomplice.
National Paralegal College
. (2020). Defenses to
A
ccomplice
L
iability
. Retrieved from
https://nationalparalegal.edu/public_documents/courseware_asp_files/
criminallaw/scopeOfLiability/DefensestoAccompliceLiability_interact.asp
An example of a failure of accomplishment is
if you had agreed to provide a get-away
car for a robbery, then you should denounce your participation and deny the other robbers use of your car. In such a case, you may escape accomplice liability even if they manage to get their hands on another automotive and use it for the robbery.
Depending on the jurisdiction, you may only be let scot-free if you manage to prevent the crime. Such states may still charge you, but give you a lenient sentence if you try,
but fail, to prevent the criminal act. Jamie Nicholas. (2020). The Three Forms of Defenses to Accomplish
Accomplice Liability
. Retrieved from
http://intuitionx.com/2015/03/11/three-forms-of-defenses-to-accomplice-liability/
.
References:
Jamie Nicholas. (2020). The Three Forms of Defenses to Accomplish
Accomplice Liability
. Retrieved from
http://intuitionx.com/2015/03/11/three-forms-of-defenses-to-
accomplice-liability/
.
National Paralegal College
. (2020). Defenses to
Accomplice
Liability
. Retrieved from
https://nationalparalegal.edu/public_documents/courseware_asp_files/
criminallaw/scopeOfLiability/DefensestoAccompliceLiability_interact.asp
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