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Accomplice
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". Some jurisdictions distinguish aiding and abetting from being an accessory before the fact on whether the person is present at the crime. Other jurisdictions have merged being an accessory before the fact with aiding and abetting. Canada In Canada, a person who aids or abets in the commission of a crime is treated the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accessory (legal Term)
An accessory is a person who assists, but does not actually participate, in the commission of a crime. The distinction between an accessory and a principal (criminal law), principal is a question of fact and degree: *The principal is the one whose acts or Omission (criminal law), omissions, accompanied by the relevant ''mens rea'' (Latin for "guilty mind"), are the most immediate cause of the ''actus reus'' (Latin for "guilty act"). *If two or more people are directly responsible for the ''actus reus'', they can be charged as joint principals . The test to distinguish a joint principal from an accessory is whether the defendant independently contributed to causing the ''actus reus'' rather than merely giving generalised and/or limited help and encouragement. Elements In some jurisdictions, an accessory is distinguished from an accomplice, who normally is present at the crime and participates in some way. An accessory must generally have knowledge that a crime is being committed, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accessories And Abettors Act 1861
The Accessories and Abettors Act 1861 ( 24 & 25 Vict. c. 94) is a mainly repealed Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated statutory English criminal law related to accomplices, including many classes of encouragers (inciters). Mainly its offences were, according to the draftsman of the Act, replacement enactments with little or no variation in phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It collected the relevant parts of Peel's Acts (and the equivalent Irish Acts) and others. James Edward Davis. The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory. Butterworths. 1861Page vii Provisions still in force The Act provides that an accessory to an indictable offence shall be treated in the same way as if he had committed the offence: Sec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principal (criminal Law)
Under criminal law, a principal is any actor who is primarily responsible for a criminal offense. Such an actor is distinguished from others who may also be subject to criminal liability as accomplices, accessories or conspirators. In both German and Turkish penal codes, "principal" is one of the three types of perpetration prescribed by law. Some jurisdictions refer to a principal as defined above as a principal in the first degree. Such jurisdictions use the term principal in the second degree to mean someone who is present at the scene of the crime and who aids, abets, or encourages the commission of the crime with the required criminal intent. from |
Christopher Craig
Derek William Bentley (30 June 1933 – 28 January 1953) was a British man who was hanged for the murder of a policeman during a burglary. Christopher Craig, then aged 16, a friend and accomplice of Bentley, was accused of the murder. Bentley was convicted as a party to the crime under the English law principle of joint enterprise, as the burglary had been committed in mutual understanding and bringing deadly weapons. The outcome of the trial, and Home Secretary David Maxwell Fyfe's failure to grant clemency to Bentley, were highly controversial. The jury at the trial found Bentley guilty based in large part on the prosecution's interpretation of the ambiguous phrase "Let him have it", Bentley's alleged exhortation to Craig, which prosecutors argued was an order to shoot and defence counsel argued was an order to surrender; this after Lord Chief Justice Goddard had described Bentley as "mentally aiding" the murder. Goddard sentenced Bentley to be hanged, despite a rec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Jogee
was a 2016 judgment of the Supreme Court of the United Kingdom that reversed previous case law on joint enterprise. The Supreme Court delivered its ruling jointly with the Judicial Committee of the Privy Council, which was considering an appeal from Jamaica, ''Ruddock v The Queen'' 016UKPC 7. Facts On 9 June 2011, Jogee and his co-defendant, Hirsi, spent the evening taking drugs and drinking alcohol causing their behaviour to become increasingly aggressive. Twice during the night the pair visited the house of Naomi Reid who was in a relationship with Paul Fyfe (referred to in the judgment as "the deceased"). After the second visit Reid sent Jogee a text asking him not to bring Hirsi back to her house in Rowlatts Hill but the men returned for a third time only minutes later.[2016/nowiki> UKSC 8 Paragraph [102">016<nowiki><_a><br>_nowiki>_UKSC_8.html" ;"title="016">[2016/nowiki> UKSC 8">016">[2016/nowiki> UKSC 8 Paragraph [102 By this time Fyfe had returned ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derek Bentley
Derek William Bentley (30 June 1933 – 28 January 1953) was a British man who was hanged for the murder of a policeman during a burglary. Christopher Craig, then aged 16, a friend and accomplice of Bentley, was accused of the murder. Bentley was convicted as a party to the crime under the English law principle of joint enterprise, as the burglary had been committed in mutual understanding and bringing deadly weapons. The outcome of the trial, and Home Secretary David Maxwell Fyfe's failure to grant clemency to Bentley, were highly controversial. The jury at the trial found Bentley guilty based in large part on the prosecution's interpretation of the ambiguous phrase "Let him have it", Bentley's alleged exhortation to Craig, which prosecutors argued was an order to shoot and defence counsel argued was an order to surrender; this after Lord Chief Justice Goddard had described Bentley as "mentally aiding" the murder. Goddard sentenced Bentley to be hanged, despite a rec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disgorgement (law)
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally. In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agencies to seize illegally obtained profits. When a private party sues for net profits, this is instead ordinarily known as restitution for unjust enrichment. Indeed, the U.S. Supreme Court has noted in '' Liu v. SEC'' (2020) that disgorgement is simply another term for restitution, and is subject to equitable limitations. Most notably, equity does not "penalize," so agencies cannot disgorge more than the net profits that resulted from the wrongdoing. Overview Disgorgement is a remedy used in US securities law. For example, disgorgement of short-swing profits is the remedy prescribed by § 16(b) of the Securities Exchange Act of 1934. The second edition of '' American Jurisprudence'' states that: Although not labelled "disgorgement, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 (c. 43) is an act of the Parliament of the United Kingdom. It is a consolidation act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings. Section 1 of the act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person. Section 127 of the act establishes a six-month limitation period for summary (but not indictable) offences. See also * Magistrates' Courts Act *Magistrates' court *Magistrates' court (England and Wales) References *"Magistrates' Courts Act 1980". Current Law Statutes Annotated 1980Volume 1 Chapter 43. *"The Magistrates' Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland. Otherwise, the Court of Session is the Supreme court, supreme Civil law (common law), civil court of Scotland, and the High Court of Justiciary is the Supreme court, supreme Criminal justice, criminal court, and are collectively known as the Supreme Courts of Scotland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. Additionally the Supreme Court hears cases on Devolution in the United Kingdom, devolution matters from Scotland, Wales and Northern Ireland. As a consequence, the court must include judges from the three distinct legal systems of the United Kingdom – English law, England and Wales, Scots law, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abet
ABET (pronounced A-bet), formerly known as the Accreditation Board for Engineering and Technology, Inc., is a non-governmental accreditation organization for post-secondary programs in engineering, engineering technology, computing, and applied and natural sciences. ABET had accredited 4,674 programs across 920 organizations in 42 countries. ABET also accredits online educational programs. History In 1932, ABET was established as the American Engineers' Council for Professional Development (ECPD). The organization evaluated its first engineering program in 1936, and by 1947, 580 programs had been accredited across 133 institutions. In 1980, the ECPD changed its name to the Accreditation Board for Engineering and Technology, Inc. In 1985, the organization helped establish the Computing Sciences Accreditation Board ( CSAB), one of ABET's largest member societies with over 300 programs. ABET began operating and doing business solely under their acronym in 2005, using “Accredit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
