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英语翻译
An accessory after the fact is one who,though not present at the commission of the crime,renders aid ,comfort,and/or shelter to the criminal.In the hypothetical,both the big boss and his girlfriend are accessories after the fact,assuming of course that the girlfriend knew about the crime.It is possible for the same person to be both an accessory before the fact and accessory after the fact to the same crime (although research has disclosed no case sustaining a total punishment in excess of that authorized for the principal criminal).Thus,the big boss can be liable in a dual capacity.It is not possible,however,to be both a principal and an accessory before or after the fact.Thus,neither A,B nor C are accessories after the fact no matter how much they shield each other.Both at common law and today ,accessories after the fact are punished less severely than principals and their liability is dependent upon the principal’s guilt.
two other types of post-crime aid are misprision of a felony and compounding a felony.另外两种犯罪后的援助包括隐匿重罪和对重罪进行和解
the ancient crime of misprision of a felony was said to be complete upon mere failure to report a known felony.there is little evidence ,however,that it was ever more than a testbook crime,and though an occasinonal court has accepted it {e.g ,S.v.Flynn,217 A.2d 432(R.I.1996)},there have been very few prosecutions therefor in the United States.
compounding a felony,that is accepting money or other consideration in exchange for not prosecuting or reporting a felony was recognized at common law and is still recognized today.it is seldom enforced (although it could be) when a victim accepts compensation from the criminal in exchange for his agreement not to prosecute .it is normally used to punish a bribed witness whose failure to report the crime he witnessed may be thought to obstruct justice.
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An accessory after the fact is one who,though not present at the commission of the crime,renders aid ,comfort,and/or shelter to the criminal.In the hypothetical,both the big boss and his girlfriend are accessories after the fact,assuming of course that the girlfriend knew about the crime.It is possible for the same person to be both an accessory before the fact and accessory after the fact to the same crime (although research has disclosed no case sustaining a total punishment in excess of that authorized for the principal criminal).Thus,the big boss can be liable in a dual capacity.It is not possible,however,to be both a principal and an accessory before or after the fact.Thus,neither A,B nor C are accessories after the fact no matter how much they shield each other.Both at common law and today ,accessories after the fact are punished less severely than principals and their liability is dependent upon the principal’s guilt.
two other types of post-crime aid are misprision of a felony and compounding a felony.另外两种犯罪后的援助包括隐匿重罪和对重罪进行和解
the ancient crime of misprision of a felony was said to be complete upon mere failure to report a known felony.there is little evidence ,however,that it was ever more than a testbook crime,and though an occasinonal court has accepted it {e.g ,S.v.Flynn,217 A.2d 432(R.I.1996)},there have been very few prosecutions therefor in the United States.
compounding a felony,that is accepting money or other consideration in exchange for not prosecuting or reporting a felony was recognized at common law and is still recognized today.it is seldom enforced (although it could be) when a victim accepts compensation from the criminal in exchange for his agreement not to prosecute .it is normally used to punish a bribed witness whose failure to report the crime he witnessed may be thought to obstruct justice.
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