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英语翻译
CHAPTER XV ACCOUNTABILITY FOR THE ACTS OF OTHERS
15.01 Parties to Crime
If every crime were the work of a single criminal,there would be no need for this section.Unfortunately,for both society and the criminal law student,such is not the case.A typical crime might have many parties.For example,the big boss may dispatch A,B,and C to rob a bank.A to perform the actual robbery,B to stand by as a lookout and to aid if necessary,and C to drive the getaway car.The plans might further call for A,B,and C to hide out at the boss’ mountain cabin with the boss and his girlfriend providing the shelter.
In the above fact pattern,the big boss is an accessory before the fact.He is not a principal because he was not present at the time the crime was being committed.Nevertheless,he did counsel,procure and/or encourage the commission of the crime.Thus,he is an accessory before the fact could not be punished unless the principle was first convicted and even then was generally subject to less severe penalties.Most jurisdictions reject both of these rules today,subjecting the accessory before the fact to the same punishment as the principle and allowing him to be convicted regardless of whether or not the principal is convicted (although it must,of course,be proven that somebody actually committed the crime ).Inasmuch as the accessory before the fact is frequently (as in the hypothetical ) the “brains” of the operation,the rejection of these common law rules seems sound.
A,who actually robbed the victim ,is a first degree principals.B and C are second degree principal (or aider and abettor ) because he was present at the time of the robbery giving aid and comfort to A,the first degree principal,C is also a second degree principal because though not actually present in the bank,he was “constructively present,” that is,aiding the commission of the crime inside the bank by his very presence outside of the bank.The terms first degree principal and second degree principal are descriptive terms designed to aid analysis in penalty between then nor was it necessary that one be convicted before the other,and this lack of differentiation continues today.
麻烦好好翻译
CHAPTER XV ACCOUNTABILITY FOR THE ACTS OF OTHERS
15.01 Parties to Crime
If every crime were the work of a single criminal,there would be no need for this section.Unfortunately,for both society and the criminal law student,such is not the case.A typical crime might have many parties.For example,the big boss may dispatch A,B,and C to rob a bank.A to perform the actual robbery,B to stand by as a lookout and to aid if necessary,and C to drive the getaway car.The plans might further call for A,B,and C to hide out at the boss’ mountain cabin with the boss and his girlfriend providing the shelter.
In the above fact pattern,the big boss is an accessory before the fact.He is not a principal because he was not present at the time the crime was being committed.Nevertheless,he did counsel,procure and/or encourage the commission of the crime.Thus,he is an accessory before the fact could not be punished unless the principle was first convicted and even then was generally subject to less severe penalties.Most jurisdictions reject both of these rules today,subjecting the accessory before the fact to the same punishment as the principle and allowing him to be convicted regardless of whether or not the principal is convicted (although it must,of course,be proven that somebody actually committed the crime ).Inasmuch as the accessory before the fact is frequently (as in the hypothetical ) the “brains” of the operation,the rejection of these common law rules seems sound.
A,who actually robbed the victim ,is a first degree principals.B and C are second degree principal (or aider and abettor ) because he was present at the time of the robbery giving aid and comfort to A,the first degree principal,C is also a second degree principal because though not actually present in the bank,he was “constructively present,” that is,aiding the commission of the crime inside the bank by his very presence outside of the bank.The terms first degree principal and second degree principal are descriptive terms designed to aid analysis in penalty between then nor was it necessary that one be convicted before the other,and this lack of differentiation continues today.
麻烦好好翻译
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