Under Texas law, persons who provide pre-crime assistance to an offender are considered co-principles in the commission of the resultant offense
Is this a more just approach to the law of parties than the traditional Common Law distinction between principals and accessories? Why?
Answers will vary but students might note that:
• Common Law approach distinguished across the range of culpability while Texas approach treats every participant the same regardless of their actual conduct.
• Texas approach creates more just circumstance since persons cannot escape sanction solely based on lack of clarity about their exact role in the criminal act.
• Texas approach might deter persons from assisting a potential offender if they know they will be responsible for his subsequent conduct.
• Any claim of unfairness in treating all participants alike can be remedied during the sentencing phase or during negotiated pleas.
• Supreme Court rulings already limit the application of the death penalty to co-principals in a capital murder case; a less culpable individual is not likely to receive the death penalty for the aberrant action of his fellow offender.
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