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Aiding and abetting is also a legal theory of civil accessory liability. To prove accessory liability through "aiding and abetting", the plaintiffs must prove three elements: That Defendant B breached a duty to Plaintiff, the result of which injured Plaintiff;
The accomplice to a felony or misdemeanor is the person who, by aiding or abetting, facilitates its preparation or commission. Any person who, by means of a gift, promise, threat, order or an abuse of authority or powers, provokes the commission of an offence or gives instructions to commit it, is also an accomplice.
Two mental states are required for accomplice liability. First, the accomplice must act with at least the same mental state required for the commission of the crime. For example, if the crime is common law murder, the state must prove that the accomplice acted with malice. Second, the accomplice must act for the purpose of helping or ...
The most common is "strict liability," meaning that there is no requirement of intent whatsoever: Merely being caught by law enforcement with the weapon in question under the circumstances described in the law (possession, concealed, or open) is a crime in and of itself, with almost no possible defense other than proving the item is not an ...
An act that hastens or accelerates a harmful consequence can create criminal liability. The proximate cause principle (also called "legal" cause) restricts criminal liability to those cases where a harmful result was a foreseeable result of an act. It is often phrased that the harmful result must be the "natural or probable" consequence of the act.
The doctrine of common purpose, common design, joint enterprise, joint criminal enterprise or parasitic accessory liability [1] is a common law legal doctrine that imputes criminal liability to the participants in a criminal enterprise for all reasonable results from that enterprise.
The chief of staff to exiled Chinese businessman Guo Wengui pleaded guilty on Friday to conspiring with him to carry out a massive scheme that defrauded thousands of investors out of more than $1 ...
The Pinkerton liability rule does service where the conspiracy is one to commit offenses of the character described in the substantive charges. [3] Aiding and abetting has a broader application. It makes a defendant a principal when he consciously shares in any criminal act, whether or not there is a conspiracy.