Chapter 7 Review Answers

1. Explain the difference between a principal in the first degree and a principal in the second degree.

The important difference between these two classifications is that a principal in the first degree is the active participant in the crime. This person is present and taking an active role in the illegal activity. A principal in the second degree is someone who takes a less active role or is only constructively present, such as acting as a lookout some distance away from the main action of the crime, or waiting outside the crime scene in a getaway car. Prosecuting these individuals as principals sends a direct and unmistakable message to criminals: Participate in a crime and you will suffer the same sentence as the person who carried it out.

2. Explain the difference between an accessory before the fact and an accessory after the fact. Which person is punished more severely?

An accessory before the fact is someone who offers aid, counseling, or planning to a person who is planning on committing a crime. An accessory after the fact is a person who offers aid or assistance to someone who has already committed a crime and is often a fugitive from the police. Of the two, accessory before the fact is considered more culpable and is punished more severely than an accessory after the fact. After all, the accessory, before the fact helped put the crime into action, whereas the accessory after the fact didn’t have any involvement in the crime, but is, instead, offering assistance after the fact.

3. Why was the classification of accomplice created?

The classification of accomplice was created to address some of the peculiarities and problems with the law of accessories. For one thing, not all people’s actions could be neatly categorized as accessory before the fact, principal in the second degree, and principal in the first degree. To clear up some of the legal complexities, the category of accomplice was created and took the place of the various degrees of accessories and principals.

4. What is the definition of conspiracy?

A criminal conspiracy is defined as:

* An agreement between two or more persons

* To work together to carry out an illegal act, coupled with

* An “overt act” in furtherance of the agreement

5. What qualifies as an “overt act” in conspiracy law?

An overt act is any action in furtherance of the conspiracy; it can be either legal or illegal action, but one that is clearly designed to help the conspiracy achieve its goals.

6. Your text suggests that members of a conspiracy don’t even have to know one another. On a practical level, how could such a conspiracy be organized if the members didn’t know each other? Explain.

A central figure could know the various members of a conspiracy, but have arranged matters so that the members don’t know each other. Such an arrangement would be beneficial to the members since they could not betray the identities of the other members if the police should catch them.

7. Explain Wharton’s Rule.

Wharton’s Rule is also known as the Concert of Action Rule. It is a simple rule that states whenever a crime requires two people to complete it, the number of conspirators must be more than two. Prostitution is the most common example, since it requires not only someone to offer to perform sexual services in exchange for money, but also someone to whom this offer is made. In such a situation, there would have to be three people involved before any could be charged with conspiracy to commit prostitution.

8. Explain solicitation.

To solicit is to request someone else to commit a crime. It is different from coercion or entrapment (discussed in later chapters) in that no force or other inducement is offered to the person. Instead, when a person asks another person to commit a crime, it is solicitation.