To: Brumar89 who wrote (1045882 ) 12/31/2017 8:07:26 PM From: Brumar89 Read Replies (1) | Respond to Accessory: and the various state governments ) have come to treat accessories before the fact differently from accessories after the fact. All U.S. jurisdictions have effectively eliminated the distinction between accessories before the fact and principals, either by doing away with the category of "accessory before the fact" entirely or by providing that accessories before the fact are guilty of the same offense as principals . The Model Penal Code's definition of accomplice liability includes those who at common law were called accessories before the fact; under the Model Penal Code, accomplices face the same liability as principals. It is now possible to be convicted as an accessory before the fact even though the principal has not been convicted or (in most jurisdictions) even if the principal was acquitted at an earlier trial. [2] U.S. jurisdictions punish accessories after the fact for a separate criminal offense distinct from the underlying crime and having a different (and less severe) punishment. Some states still use the term "accessory after the fact"; others no longer use the term, but have comparable laws against hindering apprehension or prosecution, obstruction of justice, tampering with evidence , harboring a felon, or the like. Such crimes usually require proving (1) an intent to hinder apprehension or prosecution and (2) actual aid in the form of either (a) harboring the criminal, (b) providing specified means (such as a disguise) to evade arrest, (c) tampering with evidence, (d) warning the criminal of impending arrest, or (e) using force or deception to prevent the arrest. [3] [4] Whoever aids, abets, counsels, commands, induces or procures the commission of an offense, is punishable as a principal. [ It's important to know when the computer thefts occurred and when the bargaining began. ] accessories after the fact as persons who provide criminals with certain aid in order to hinder a criminal's apprehension or prosecution : [5] Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
