Quote:
Originally Posted by detbuch
Aha! Now it's seditious conspiracy. Will all 600+ be charged and convicted of this? Will the whole thing be an armed insurrection?
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We will see, do you think the DOJ is just playing?
Virtually every federal criminal statute has a hidden feature; primary offenders and even their
most casual accomplices face equal punishment. This is the work of 18 U.S.C. § 2, which visits
the same consequences on anyone who orders or intentionally assists in the commission of a
federal crime.
Aiding and abetting means assisting in the commission of someone else’s crime. Section 2(a)
demands that the defendant embrace the crime of another and consciously do something to
contribute to its success. An accomplice must know the offense is afoot if he is to intentionally
contribute to its success. While a completed offense is a prerequisite to conviction for aiding and
abetting, the hands-on offender need be neither named nor convicted.
On occasion, an accomplice will escape liability, either by judicial construction or administrative
grace. This happens most often when there is a perceived culpability gap between accomplice and
primary offender. Such accomplices are usually victims, customers, or subordinates of a primary
offender. On other occasions, an accomplice will be charged as a co-conspirator because the facts
that will support accomplice liability will ordinarily support conspirator liability and conspiracy is
a separate offense.