Criminal Law-Accessories

The law also recognizes principals and accessories in criminal activity. The getaway man (driver) in a bank robbery who does not actually go into the bank is an accessory. That person probably will be punished similarly as the principals, who were actually in the bank. If, however, a person not even at the scene of the bank robbery assists the bank robbers in getting the getaway vehicle, knowing that it was to be used for that purpose, then he or she also may be an accessory. An accessory in that context probably would not be subject to the same punishment as a principal.

A person could also become an accessory by assisting the bank robbers in eluding the police. In that event, he or she would be an accessory after the fact. Again, in that type of circumstance, he or she probably would not be subject to the same punishment as the principals.

More difficult cases arise when a person is present at the time of a crime under circumstances that suggest approval. Normally, this is not sufficient to convict a person of a criminal violation. One exception to this would be an instance in which the defendant is under a duty to act.

Example: If a father stands by idly while his minor son attacks a third person, he could—at least in some states—be guilty of a criminal violation.

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