Have you ever pondered how one can be considered an Accomplice in committing a crime? Legally, an accomplice is the person who contributes to the committing of a crime or assists in committing it, whether in advance or during the crime itself. Sounds simple? Here is where it gets tough: it is not even necessary for an accomplice to have pulled the trigger, snatched the goods, or even have been there physically. Even the simplest of their acts stated here roll into the law for those accomplices.
So let us first break down what the term accomplice [1]actually means and then demystify the concept of an accomplice in crime: their definition, their place, and their punishment.
Table of Contents
What Is the Definition of Accomplice?
The Accomplice in legal terms
Within the framework of all of its applicable parts, including the ‘crimes principle’, the reasonable person principle, of the decision making process in criminal law, the phenomenon of accomplices and accomplice liability, and of the, ‘criminal acts’, an accomplice, in criminal law, is someone who provides intent, help, persuasion, and active engagement to another person in the committing of a crime. Consider a hypothetical situation that aiming and firing a gun at a bank is not the only duty or job as part of the bank heist.
What does the term accomplice stand for in the Law of Crimes?
In this regard, the word accomplice considers any person providing help in carrying out an illegal act”. Such help can include funding or providing internal assistance. The most important factor is the intention. If no intent is proved, the person must not be called an accomplice.
What is accomplice evidence?
Accomplice evidence usually has a considerable weight in the trials. This involves assessment of an accomplice’s evidence that assist in the reconstruction of elements of the crime. However, accomplices’ evidence has been treated with some scepticism. Why? Because an “accomplice” almost always has an agenda such as a promise of lighter punishment or benefit in some other way.
Accomplices included in Criminal Law
Who is an accomplice according to the Evidence Act?
The Indian Evidence Act considers an accomplice to be admissible evidence. But such statements need corroboration most of the times because they could be self serving. Courts deal with case such witnesses in all dimensions to look for other factors and other evidence to support their claims.
Under CrPC, who is an accomplice?
The Criminal Procedure Code (CrPC) explains accomplices as those who help in the commission of an offence in a more direct or active manner. They are usually regarded as co-accused and unless they agree to turn into accused witnesses, they provide vital information in return for probation.
Roles of accomplice in crime clauses
Let’s make this relatable. Imagine a bank where one person goes inside, while the other goes out to steal the cash taking on the responsibility of taking down the security in the bank[2]. The individual turning off the alarm is a type of robbers’ witness as he engaged himself in the success of the crime. In fact, such parties are considered to be accomplices even when acting as a mere lookout.
Who are depose and give evidence or testimony?
Where do accomplices of a crime stand in terms of penalties?
The testimony provided allows the courts to make decision on the classes of the witnesses – accomplices. This classification implies that there can be a primary, secondary and even tertiary witness to a crime spanning the entire series of crime including attempted or even multi-faceted crimes. Warnings to these wished or other primary accomplices receive probation similar to the offending witness.
When is an accomplice called as a witness?
Because of such cooperation, the witness contrives to approach the existence of an accomplice. It is quite common for them to receive a reduced sentence or complete immunity in such cases. However, their accounts must be corroborated and substantiated by independent evidence in order to be accepted as reliable for legal proceedings.
What attitudes do the courts have towards accomplice evidence?
Most courts are very skeptical of biased testimony, and this includes convicting someone based on accomplice evidence. They scrutinize whether the testimony corresponds with other materials presented in the trial. After all, since the accomplice may have their own strategies, they may not be completely trustworthy and strong reliance on their statements is dangerous.
Conclusion
To appreciate the definition of an accomplice as used in criminal law is to begin to appreciate the multifaceted nature of the justice system. The Apportionment even indirectly aids and abets the commission of offenses and crimes making them a constitutive factor of the crime and their grey areas become big issues as guilt and innocence are concerned. The testimonies that they provide have the ability to quite literally crack a case, but as well can be very opinionated.
For some contexts, the meaning of being an accomplice – at least, under the law – is not always pretty straightforward, as there are scenarios where one might associate themselves with a crime through coercive measures, or involuntarily so. But the law regards such views rather strictly. If there is a lesson that one can take from this, let it be this: avoid getting involved in dubious activity altogether. Such a decision might save one from the enormity of legal consequences that could change one’s life forever.
FAQs on Accomplice Laws
What is the meaning of the term accomplice?
To be an accomplice, necessarily, is to be involved in or cut across the planning and execution of a crime, which might be a part of, or the entire engagement in assisting the crime. Depending on the type of level of engagement, resources, information or help can be provided. In fact, by just doing any such act, a person can also be made liable.
There are such cases weren’t there? An accomplice could be innocent?
There are cases – though not many – in which a certain person’s actions or behavior are construed as either innocent or aiding a crime, or not aiming it. Here the focus should not that much be on ‘actions being innocuous’, as ‘intent’ plays a pivotal role and is all that matters in fixing the terms of guilt. If there lacked such intent of helping a crime, then it seems unreasonable to call that person an accomplice[].
Is sway verdict in making prosecution bring in accomplice evidence?
To be an accomplice, necessarily, is to be involved in or cut across the engagement in most crime that needs to be proved better still be present another crime that needs to be established. Courts are usually unwilling to accept testimony or evidence without collateral support or evidence because the requirement forcing women at such a worse level.
Why is it important to understand the role of an accomplice in law?
Learning this role allows to see the difference between direct participation in criminal offences and those of aiding and abating crimes. It also shows the extent to which one may be liable for helping criminals. As such, knowledge of these categories may assist individuals in avoiding potential legal liabilities that they did not intend to incur.
What happens if an accomplice refuses to testify?
In case an accomplice expert declines to testify, he or she may suffer further charges or even sanctions. There are many courts that put such witnesses under subpoena for that purpose. Refusal also affects the plea and contractual agreements of immunity.
References
We value truthful content. 2 sources were referenced during research to write this content.
- (n.d.). accomplice | Wex | US Law | LII / Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/accomplice
- (n.d.). Foundations of Law - Accomplice Mens Rea and Actus Reus. Retrieved from https://www.lawshelf.com/coursewarecontentview/accomplice-mens-rea-and-actus-reus/