Saturday, January 11, 2014

In this scenario, what crime can Tristan be charged with?Tristan went along for a ride with a group of men who intended to commit a robbery. The...

Ideally, Tristan should not be charged with anything (except
maybe evading an officer when he ran).  If he truly did not know what was going to happen, he
should not be guilty.  However, in the real world, it is likely that he will charged with
whatever crimes all the other men would be charged with.  In this case, it would be some
combination of assault, kidnapping, and robbery.  He would be charged as an
accomplice.


According to the link I've attached, a person is an
accomplice if they are


readability="9">

One who knowingly, voluntarily, and with common
intent unites with the principal offender in the commission of a crime. One who is in some way
concerned or associated in commission of crime; partaker of guilt; one who aids or
assists



Now, in the
scenario you have given, Tristan is not really guilty.  He did not go into the house knowing that
a crime would be committed.


However, in the real world, he would
have a hard time convincing a prosecutor and jury of this unless the other guys all just said
that he wasn't guilty.  The jury would probably not believe that he had not known the crime was
going to be committed.  They would assume he knew and so they would convict
him.

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