List and explain the elements of accessory after the fact. What is the modern view of accessories after the fact? Do you agree or disagree with the modern view? Why or why not? Use examples from your readings to support your answer.

What will be an ideal response?


There are four elements of accessory after the fact: (1) commission of a felony, (2) knowledge that the individual whom an accessory is assisting has committed a felony, (3) the accessory must take affirmative steps to hinder the felon's arrest and a refusal or failure to report the crime or to provide information to the authorities is not sufficient, and (4) the accessory must provide assistance with the intent or purpose of hindering the detection, apprehension, prosecution, conviction, or punishment of the individual receiving the assistance. Under common law, accessories were charged with the same crime as the principals. The modern view is that because accessories after the fact are involved following the completion of a crime, they should not be treated as harshly as the actual perpetrator(s) or his or her accomplices.

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