Vicarious Liability
In this context, vicarious liability is criminal liability
for the actions performed by another. Under common law, the parties to
the crime were held criminally liable for the completed crime; the same
is true day, with the exception of an accessory after the fact.
Common Law Parties To Crime
Under traditional common law principles, accomplices and parties were categorized
according to the role they played in the commission of a felony as principals
in the first or second degree, or accessories before or after the fact,
all of whom were held vicariously liable for the crime committed.
Statutory Law Parties To Crime
In most jurisdictions, statutory laws classify parties to
a crime in the same fashion as did common law principles. As well, principles
and accessories are charged with the complete crime in most jurisdictions,
with one exception, being the accessory after the fact. Under today's
statutory laws, accessories after the fact are charged with obstruction
of justice, rather than the completed crime.
Principals In The First Degree
Principals in the first degree commit the crime. In some
instances, they may use a third party to commit the crime, but in those
instances, they still possessed the requisite mental state, and intended
(or desired) the outcome. A principle in the first degree may also be charged
as an accomplice to a crime if the results of the crime were reasonably
foreseeable.
As was the case under traditional common law principles,
under today's statutory laws, the principle in the first degree can be
charged with the completed crime.
Principals In The Second Degree
The principal in the second degree is the cheering squad;
that party (or parties) who encourage the principle in the first degree
to commit the crime. In some instances, the principle in the second degree
merely advises the principal in the first degree, while in other instances,
the principle in the second degree may take a commanding role, thus ordering
the principle in the first degree to commit the crime.
At traditional common law, as well as under today's statutory
law, the principal in the second degree is charged with the completed
crime.
Accessories Before The Fact - Aid & Abet Role
An accessory before the fact helps with the commission of
a crime before the crime is committed, but is not at the scene of the
crime when it is committed. The term "aided and abetted" is
often used to define the role that the accessory before the fact participated
as in the commission of the crime.
Under traditional common law principles, as well as under
today's statutory law, the accessory before the fact can be charged with
the completed crime.
Accessories After The Fact
An accessory after the fact, with the knowledge that the
felon has committed a felony, helps a felon to avoid being found, arrested,
charged or convicted of the felony.
Under common law principles, an accessory after the fact
was charged with the completed crime. However, under modern statutory
law, the law provides that an accessory after the fact can be charged
with obstructing justice.
If you have been charged with obstructing justice or any crime by the State of Wisconsin or United States Federal Government, contact the attorneys at Van Wagner & Wood for a brief but professional first impressional analysis of your case. The initial consultation is free to persons who are under investigation for a crime, to those who have been charged with a crime, or to those who have already been convicted of a crime and wish to appeal their conviction or sentence.
Sexual Assault
