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Accessory After the Fact Law Definition: Implications and Understanding
By Anya Sharma, J.D., LL.M.
Anya Sharma is a practicing attorney specializing in criminal law with over 10 years of experience. She holds a Juris Doctor (J.D.) from Harvard Law School and a Master of Laws (LL.M.) in Criminal Justice from Yale Law School. She has published extensively on various aspects of criminal law and procedure.
Published by LexisNexis® Legal News & Analysis
LexisNexis® is a leading provider of legal information and analytics, renowned for its comprehensive and accurate legal resources, trusted by legal professionals worldwide.
Edited by David Chen, Esq.
David Chen is a seasoned legal editor with 15 years of experience at LexisNexis®, specializing in criminal law and procedure. He has a keen eye for detail and ensures all articles maintain the highest standards of accuracy and clarity.
Introduction:
The term "accessory after the fact" evokes images of shadowy figures assisting criminals in escaping justice. But what exactly constitutes this crime? Understanding the accessory after the fact law definition is crucial for both legal professionals and the public alike. This article delves into the intricacies of this offense, exploring its elements, defenses, and significant implications across various industries.
What is the Accessory After the Fact Law Definition?
The accessory after the fact law definition varies slightly from jurisdiction to jurisdiction, but the core elements remain consistent. Generally, an accessory after the fact is someone who, knowing that a felony has been committed, provides assistance to the felon to hinder their apprehension, prosecution, or conviction. This assistance is provided after the felony has been completed. Crucially, the individual must have knowledge of the felony; mere suspicion is insufficient.
The key elements typically include:
1. A felony must have been committed: The underlying crime must be a felony. Misdemeanors generally don't support an accessory after the fact charge.
2. Knowledge of the felony: The individual must have actual knowledge that a felony has been committed. This knowledge cannot be based on mere suspicion or rumor.
3. Assistance to the felon: The assistance provided must be intended to help the felon escape arrest, prosecution, or conviction. This assistance can take many forms, including providing shelter, transportation, money, weapons, or false information.
4. Intent to hinder apprehension or prosecution: The assistance must be provided with the specific intent to hinder the apprehension, prosecution, or conviction of the felon. This intent is a crucial element of the crime.
Implications Across Industries:
The accessory after the fact law definition has far-reaching implications across various industries. Consider these examples:
Financial Institutions: Banks and other financial institutions can be implicated if employees knowingly assist a felon by concealing or transferring funds obtained through illegal activities. This could involve money laundering schemes or assisting in the evasion of asset forfeiture proceedings.
Healthcare: Healthcare professionals could potentially face charges if they knowingly assist a felon by providing false medical records or testimony to aid in their escape or avoid prosecution.
Transportation: Transportation companies and individuals involved in providing transportation services to known felons could face charges if they knowingly assist in their escape.
Technology: The digital age presents unique challenges. Individuals who knowingly use technology to help felons delete evidence, conceal their identities, or communicate with accomplices after a felony can be charged as accessories after the fact. This includes using encrypted messaging apps or assisting in the destruction of digital evidence.
Legal Professionals: While attorneys have a duty to zealously represent their clients, they can still face disciplinary action or even criminal charges if they knowingly aid their client in obstructing justice after a felony has been committed. This would involve actions far beyond standard legal representation.
Defenses to Accessory After the Fact Charges:
Several defenses can be raised against accessory after the fact charges. These include:
Lack of knowledge: The defendant can argue they lacked knowledge that a felony had been committed. This requires proving they genuinely believed the actions were not illegal.
Lack of intent: The defendant can argue they did not intend to hinder the apprehension, prosecution, or conviction of the felon. This requires demonstrating their actions were innocent or unintentional.
Mistake of fact: The defendant can argue they acted on a mistaken belief about the facts of the case, negating the required intent.
Duress or coercion: The defendant can argue they were forced to assist the felon under duress or coercion. This requires proving a credible threat of imminent harm.
The Accessory After the Fact Law Definition and Corporate Criminal Liability:
Corporate criminal liability for accessory after the fact offenses is a complex area. Corporations can be held liable if their employees or agents knowingly assist a felon, and this conduct is within the scope of their employment. This requires proving the corporation had knowledge of the felony and authorized or ratified the actions of its employees.
Conclusion:
The accessory after the fact law definition highlights a critical aspect of criminal law: accountability extends beyond the direct perpetrator. Understanding the elements of this crime, its implications across various industries, and the available defenses is crucial for legal professionals, businesses, and individuals alike. The complexities of this offense underscore the importance of careful consideration and legal counsel when dealing with situations potentially involving assistance to a felon after a crime has been committed.
FAQs:
1. What is the difference between an accessory before the fact and an accessory after the fact? An accessory before the fact participates in planning or aiding the commission of a crime before it occurs, while an accessory after the fact helps the felon after the crime is complete.
2. What is the punishment for being an accessory after the fact? Penalties vary by jurisdiction and the severity of the underlying felony but can range from fines to imprisonment.
3. Can a corporation be charged as an accessory after the fact? Yes, under certain circumstances, corporations can be held liable for the actions of their employees if those actions constitute aiding a felon after a crime.
4. Does the accessory after the fact have to actively help the felon? No, passive assistance, such as concealing information or providing false alibis, can also constitute aiding and abetting.
5. What if the accessory after the fact only helped out of compassion or friendship? Good intentions are not a defense. The prosecution will focus on whether the actions knowingly aided the felon in avoiding justice.
6. Is there a statute of limitations for accessory after the fact charges? Yes, but the statute of limitations varies greatly depending on the jurisdiction and the severity of the underlying felony.
7. Can an accessory after the fact be charged even if the principal felon has not been apprehended? Yes, the apprehension of the principal felon is not a prerequisite for charging an accessory after the fact.
8. What evidence is needed to convict someone of being an accessory after the fact? Prosecution typically relies on circumstantial evidence, witness testimony, and documentation demonstrating knowledge and intent.
9. Can someone be an accessory after the fact to a crime they didn't know was a felony? No, knowledge that a felony has been committed is a required element.
Related Articles:
1. Understanding Aiding and Abetting: This article explores the broader concept of aiding and abetting, which encompasses accessory after the fact but also includes participation before and during the commission of a crime.
2. The Mens Rea Requirement in Accessory After the Fact Cases: A detailed examination of the mental state required to be convicted of being an accessory after the fact.
3. Statutes of Limitations for Accessory After the Fact Charges: A state-by-state overview of the different statutes of limitations applicable to accessory after the fact charges.
4. Accessory After the Fact Defenses in Practice: Case studies and analysis of successful and unsuccessful defenses used in accessory after the fact cases.
5. Corporate Criminal Liability and Accessory After the Fact: A deeper dive into the legal principles governing corporate liability for this offense.
6. The Role of Evidence in Accessory After the Fact Prosecutions: An exploration of the types of evidence used to prove guilt in accessory after the fact cases.
7. Accessory After the Fact and Money Laundering: An examination of the intersection between accessory after the fact charges and money laundering schemes.
8. The Impact of Technology on Accessory After the Fact Offenses: How technology affects the investigation and prosecution of accessory after the fact cases.
9. Comparative Analysis of Accessory After the Fact Laws Across Jurisdictions: A comparative study of the laws relating to accessory after the fact across different states or countries.
| accessory after the fact law definition: SOU-CCJ230 Introduction to the American Criminal Justice System Alison Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, Shanell Sanchez, 2019 |
| accessory after the fact law definition: Criminal Law HENRY F. FRADELLA, 2022-06-24 Criminal Law offers a unique hybrid approach to learning criminal law. Most textbooks oversimply the law by presenting the black letter law for major and defenses, but they rarely present any corresponding exploration of the gray areas that exist beyond the basic rules of law. Conversely, casebooks present numerous edited judicial opinions, often with context. Criminal Law takes the best from each of these approaches by merging textual pedagogy and case analyses into a coherent framework that includes legal history, social context, and public policy. Taking a historical approach, legal expert Henry F. Fradella presents the law as it evolved from English common law and compares it with the modern statutory approach to crimes set forth in the American Law Institute's highly influential Model Penal Code. After providing such comparative pedagogy for each crime or defense, Criminal Law presents 1-2 edited cases that allow the reader to contrast how the black letter law plays out in the real world. After each case, a series of questions challenge students to engage in critical thinking about the case and its implications as precedent. Finally, chapters contain a number of additional pedagogical features that focus on public policy concerns and statutory interpretation skills using penal laws from a variety of U.S. states. |
| accessory after the fact law definition: The Law-dictionary, Explaining the Rise, Progress, and Present State of the British Law Sir Thomas Edlyne Tomlins, 1835 |
| accessory after the fact law definition: Modes of Liability in International Criminal Law Marjolein Cupido, Manuel J. Ventura, Lachezar Yanev, 2019-07-11 Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy. |
| accessory after the fact law definition: Bankruptcy Crimes Stephanie Wickouski, 2007 This authoritative treatise on bankruptcy fraud is an invaluable reference book for bankruptcy law practitioners, white-collar criminal lawyers, prosecutors, judges, restructuring professionals, and academicians. Bankruptcy Crimes is the only book extant on the subject and is unique in its dual perspective and analysis of criminality and bankruptcy law. |
| accessory after the fact law definition: Guidelines Manual United States Sentencing Commission, 1995 |
| accessory after the fact law definition: A Treatise on Criminal Law John Anthony Gardner Davis, 1838 |
| accessory after the fact law definition: Okonkwo and Naish on Criminal Law in Nigeria Cyprian O. Okonkwo, 1994 CONTENTS. |
| accessory after the fact law definition: Trial of John H. Surratt in the Criminal Court for the District of Columbia, Hon. George P. Fisher Presiding John Harrison Surratt, George Purnell Fisher, 2008 |
| accessory after the fact law definition: Core Concepts in Criminal Law and Criminal Justice Kai Ambos, Antony Duff, Julian Roberts, Thomas Weigend, Alexander Heinze, 2020-01-16 A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law. |
| accessory after the fact law definition: Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes Laura Ausserladscheider Jonas, 2021-12-28 Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis. |
| accessory after the fact law definition: Trial of John H. Surratt in the Criminal Court for the District of Columbia John Harrison Surratt, 1867 |
| accessory after the fact law definition: Introduction to American Law Timothy Walker, 1837 |
| accessory after the fact law definition: The Jurisdiction, Practice and Procedure of the Quarter Sessions in Judicial Matters, Etc Thomas Sirrell PRITCHARD, 1875 |
| accessory after the fact law definition: A Practical Treatise Upon the Criminal Law and Practice of the State of New York John H. Colby, 1868 |
| accessory after the fact law definition: Judicial and Statutory Definitions of Words and Phrases , 1904 |
| accessory after the fact law definition: Dickinson's Guide to the Quarter Sessions, and other Sessions of the Peace. By T. N. Talfourd. ... Sixth edition, revised ... with great additions by R. P. Tyrwhitt William Dickinson RASTALL (afterwards DICKINSON (William)), 1845 |
| accessory after the fact law definition: A Practical Guide to the Quarter Sessions, and Other Sessions of the Peace, Adapted to the Use of Young Magistrates, and Professional Gentleman at the Commencement of Their Practice William Dickinson, 1838 |
| accessory after the fact law definition: Annotated Penal Laws of Georgia Georgia, 1875 |
| accessory after the fact law definition: Introduction to Law for Paralegals Neal R. Bevans, 2023-09-14 Now in its Fifth Edition, Introduction to Law for Paralegals balances substantive law with work-based knowledge and skills. From the basics of the U.S. legal system to personal injury, contracts, and intellectual property, Neal R. Bevans brings it all into focus through clear writing, realistic examples, and engaging exercises. With features like Skills You Need in the Real World and Issues at a Glance, the transition from classroom to law firm will be smooth sailing. New to the Fifth Edition: New and updated cases Discussion of current technology and its use in legal practice New Web Surfing feature with websites for further reading Professors and students will benefit from: Essential paralegal skills and legal procedure, presented in conjunction with substantive areas of law Part I introduces students to the legal system, with coverage of ethics, evidence, working in the law office, trials, and appeals Part II covers substantive law, including torts, contracts, criminal law, administrative law, real property, wills and trusts, family law, intellectual property, and agency law Part III gives an overview of legal research and writing A succinct and direct writing style Exercises that develop paralegal skills, integrated throughout the text A design for learning on every page, including definitions of legal terms and phrases, inset boxes that illuminate concepts, examples, visual aids, chapter summaries, sample documents, case excerpts, and more End-of-chapter exercises and practice questions for test review help students master the material |
| accessory after the fact law definition: Garner's Dictionary of Legal Usage Bryan A. Garner, 2011 A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions. |
| accessory after the fact law definition: Dickinson's Guide to the Quarter Sessions William Dickinson, Thomas Noon Talfourd, 1845 |
| accessory after the fact law definition: Introduction to American Law, Designed as a First Book for Students Timothy Walker, 1855 |
| accessory after the fact law definition: Final Report of the Commission to Revise and Codify the Laws of the United States, December 15, 1906 United States. Commission to Revise and Codify the Laws of the United States, 1906 |
| accessory after the fact law definition: Theories of Co-perpetration in International Criminal Law Lachezar D. Yanev, 2018-05-07 The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed. |
| accessory after the fact law definition: Substantive Criminal Law: Sections 1.1 to 8.4 Wayne R. LaFave, 2003 |
| accessory after the fact law definition: Reports of Cases Decided in the Court of Appeal Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels, 1882 |
| accessory after the fact law definition: Historia Placitorum Coronae Matthew Hale, 1847 |
| accessory after the fact law definition: United States Attorneys' Manual United States. Department of Justice, 1985 |
| accessory after the fact law definition: The American Reports Isaac Grant Thompson, 1879 |
| accessory after the fact law definition: FCS Criminal Law L3 , |
| accessory after the fact law definition: Accounts and Papers of the House of Commons Great Britain. Parliament. House of Commons, 1846 |
| accessory after the fact law definition: Complicity in International Law Miles Jackson, 2015 Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated. |
| accessory after the fact law definition: The Legal Epic Alison A. Chapman, 2017-02-15 The seventeenth century witnessed some of the most important jurisprudential changes in England s history, yet it is relatively untouched territory in the rich field of literature and law. Alison Chapman s book fills this gap by situating the poet and polemicist John Milton in the center of late-seventeenth-century legal history. One of England s greatest poets, Milton was arguably also the most litigious, and he had an exceptionally wide and deep knowledge of law and judicial processes. While this book ranges widely across Milton s life and work, its primary focus is on the role that law plays in Paradise Lost. Throughout Paradise Lost, Chapman shows, Milton invites his readers to judge the ways of God both according to the dictates of reason and conscience and also according to prevailing ideas about legal justice. Law, Chapman argues, forms a crucial albeit unrecognized part of Milton s attempt in Paradise Lost to justify the ways of God to men. |
| accessory after the fact law definition: The American and English Encyclopedia of Law James Cockcroft, David Shephard Garland, Lucius Polk McGehee, Charles Porterfield, 1896 |
| accessory after the fact law definition: Accessory Liability Paul S Davies, 2015-02-26 Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015. |
| accessory after the fact law definition: Reports from the Commissioners Great Britain. Parliament. House of Commons, 1847 |
| accessory after the fact law definition: Parliamentary Papers Great Britain. Parliament. House of Commons, 1847 |
| accessory after the fact law definition: The American and English Encyclopedia of Law John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland, 1896 |
| accessory after the fact law definition: The American and English Encyclopædia of Law: Index-digest , 1896 |
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ACCESSORY definition: 1. something added to a machine or to clothing that has a useful or decorative purpose: 2. someone…. Learn more.
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accessory (to something) (law) a person who helps somebody to commit a crime or who knows about it and protects the person from the police. He was charged with being an accessory to …
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