Parties to a Crime

Common law gave broad definition to parties to a felony as follows:

• Principal in the first degree - he engaged in the felonious conduct;

• Principal in the second degree - he was present, aided and abetted its commission;

• Accessory before the fact - he was not present but aided and abetted prior to the commission of the felony;

• Accessory after the fact - he was not present but aided thereafter in order to protect the principal(s) or to facilitate escape.

Principal in the First Degree

Common law defines the principal in the first degree as the party who commits the crime by his own hand. However his actual presence at the scene is not a prerequisite for the charge; his "constructive presence" may be enough. He is deemed present when he sets in motion events that accomplish the crime. The man who plants a car bomb that is ignited by the ignition key is such a party. A crime is considered committed by the party's own hand when he sends an innocent agent, an insane person or an unaware child to commit the crime for him.

When two persons commit a felony together, for example joining in committing a murder, each is a first degree principal in the homicide. In similar fashion, when a two-part crime is carried out with one party committing the first act and the other carrying out the second, each is a principal in the first degree.

Principal in the Second Degree

A person must be present at the scene of the crime to be a principal in the second degree, but presence alone is not enough. A bystander may observe commission of the crime and may not act to prevent it but be guilty of no crime. Even if he approves of the crime, the bystander is not liable unless he makes his approval and willingness to assist known.

If, however, the bystander is a friend of the principal and knows that his presence will be interpreted as support, that alone may be sufficient for liability. If he provides physical assistance, the bystander is a principal in the second degree even if his assistance is unknown to the principal.

Accessories

An accessory before the fact is a person who encourages, procures and otherwise assists in a crime, but is not present when the crime occurs. Mere knowledge and/or approval of a crime are not enough; there must be more assertive activity involved.

The accessory after the fact is the person who assists after the crime, protecting the participant(s) or facilitating escape. This role pertains regardless of whether the assisted party was a principal or an accessory before the fact. It is not necessary for the accessory after the fact to be absent from the scene. He is liable if he is a passive observer but provides aid after the crime.

Failure to disclose a felony, approving of it or failing to apprehend the known principal is not sufficient for this charge. The accessory must have rendered aid. The person rendering aid cannot claim familial relation to the principal as a defense against aiding after the fact, except for a wife who has harbored her felon-husband, because she is regarded as being under his control.