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We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience. Necessary Necessary. The primary difference between aiding and abetting or being an accessory to a crime and a conspiracy is whether or not the crime was actually committed. While the former are charges imposed after the crime has been committed — naming a third party who helped in some way to facilitate or cover up the crime — someone can be charged with conspiracy , even if the crime never happened.
This is not to say that anyone who daydreams up a crime can be charged with conspiracy. If, however, two or more people collaborate on how to commit a specific crime, coming up with plans to carry it out, they have conspired to commit that crime. Should something happen to prevent them from engaging that plan, they still have committed the crime of conspiracy. Armand, an executive assistant at a finance firm, knows that his boss keeps certain passwords and login information in a notebook in his desk drawer.
He befriends Letti, who he knows has no problem doing things that are morally questionable. Another employee overhears Armand and Letti talking over lunch on the patio, and mentions it to management, who calls the police. A quiet investigation ensued, with police interviewing witnesses, and viewing surveillance video of the pair talking frequently.
Both Armand and Letti are then taken into custody, and charged with conspiracy to commit the crime — even though the actual crime was never completed. One of the men, Daniel Wilkins, was mocking the other, Donald Rose, saying he had not proven himself as a gang member. As Rose headed into an area controlled by two Blood gangs enemies of the East Coast Crips , a California Highway Patrol officer pulled over a car that was both speeding and driving recklessly. The officer took the driver of the car to jail, leaving the passenger William Dabbs at the scene.
Apparently unable to drive the car, Dabbs walked to a pay phone to call his cousin for a ride. During the brief conversation, the cousin heard the phone suddenly drop, then he heard a fight, which ended with two gun shots. Dabbs died soon after from his injuries. A few months later, both Wilkins and Rose were arrested for the crime.
While Rose did not confess to the shooting, Wilkins confessed to aiding and abetting the crime, having egged Rose on to go looking for someone to shoot. He told police that Rose had robbed and shot the victim. The state decided to prosecute both men for robbery and murder. Rose — who had done the shooting — was acquitted of the crimes.
Wilkins apparently did not know that someone who aids and abets the commission of such a serious crime can be held just as responsible as if he had pulled the trigger himself. A jury found Wilkins guilty of robbery, first degree murder, and personally using a firearm as a primary contributor to the crime. In other words, because Rose was found not guilty , there essentially was no crime committed by the person Wilkins was accused of helping. In this example of aiding and abetting prosecution, the appellate court determined that, because the state cannot appeal an acquittal in a criminal matter, it is at a disadvantage.
It would not be fair or just for the state to be barred from prosecuting an accomplice to the crime, regardless of what happened to the actual perpetrator of the crime. Federal law, found in 18 U. Section 2 , specifies that anyone who aids or abets another in the commission of a crime can be punished as though he had committed the crime himself.
Aiding and Abetting October 12, by: Content Team.