Defining Parties in an Offense
- In every criminal offense, accused suspects are given terminology relevant to their role in the crime.
- The criminal code is written to consider various roles, and the timing of acts.
- This assists in identifying:
- Types of crime, those involved, role in the crime, circumstances at the scene, and acts performed.
- Leads to -> Who should be charged with what offense?
- In some crimes, there are more than one party involved.
- In these cases, police officers, detectives, and prosecutors for the state must clearly identify which person played what role.
- As well, the accused can also play multiple roles in crimes.
The Roles
Perpetrator
The person who committed the offense
Aiding
Assisting the perpetrator to commit the crime
Abettor
Encouraging someone or enticing someone to commit an offense
Counselling
Advising, recommending, or persuading another person to commit a crime.
Accessory After the Fact
Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police.
Parties to an Offense
Those who are indirectly involved in committing an offense.
Party to a Common Intention
Shared responsibility among criminals for any additional offenses that are committed in the course of the crime they intended to commit.
Incomplete Crimes
- In some cases, criminals are not able to complete the entire crime - these are known as incomplete crimes.
- In these cases, the offender still had the intent (mens rea), but they did not complete the action (actus reus)
- Therefore they are charged with an incomplete crime - ATTEMPTED CRIME
- Attempted Crimes - an individual has an intention to complete a crime, regardless of whether it is completed.
- Conspiracy - An agreement between two or more people to commit a crime, even if it does not actually occur (once agreed to conduct the crime).