Question

The defendant discovered that his friend had hit and killed a pedestrian while driving that afternoon, and that he had fled from the scene of the crime before the police arrived. To keep his friend out of trouble, the defendant fixed all the dents in the car caused by the collision and had the vehicle painted a different color. The friend, distraught about hitting and killing someone, eventually turned himself in and told the police what he had done and what the defendant had done for him. The defendant was charged as an accomplice to vehicular manslaughter in a state that follows the modern trend regarding accomplice liability. How should the defendant be found

Answer 1

Answer:

Not guilty, because he only helped his friend after the crime was already committed.

Explanation:

There are 3 main type of parties to a crime. they include;

1. Principals  Parties

This is simply refred to as  those individual are those who along with required mental state, actually engage in the act or omission that causes the criminal result.

2. An accomplice

This is simply refered to as an individual who with the known intention that the crime be committed, aids, counsels, or encourages the principal before or during the process of the offense being carried out. Under modern statutes, accomplices are generally treated as principals.

3. An accessory after the fact

This is refered to as individuals  one who receives, relieves, comforts, or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction.

When compared to an accomplice, an accessory after the fact has actually committed a separate crime with a punishment  and it is totally different and unrelated to the felony committed by the friend in this case. In the instant case, it is obvious that the defendant helped his friend in avoiding capture, that he provided no aid to the substantive offense, and that he did not intend the substantive offense to occur. Thus, he is an accessory after the fact and not an accomplice. Therefore, the defendant is not an accomplice, so due to the facts presented, it can therefore be said that he cannot be criminally liable for any other crimes committed by his friend.