offense of Aiding & Abetting

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1. Describe in your words what the offense of Aiding & Abetting consists of? Give an example demonstrating how the concept of Inducement works within the crime of Aiding & Abetting.
2. Describe in your own words how the Defense of Mere Presence words within Aiding & Abetting, or for any crime. Give an example of Mere Presence that would result in someone not being found criminally responsible for a crime.
3. How does Aiding & Abetting differ from Accessory After the Fact?
4. Give an example of a crime of Attempt. How far does one have to go toward the completion of the crime to qualify as an Attempt?
5. Conspiracy consists of Agreement, Scope and Membership. What is the difference between an implied and expressed agreement? Give an example of an implied agreement.

 

 

Sample Solution

Offense of Aiding & Abetting

Aiding a crime means helping someone else commit a crime. The crime has to actually be committed. The assistance has to actually help in the commission of the offense. Abetting means to encourage or incite a criminal act, but does not necessarily entail helping or facilitating its execution. Both aiding and abetting are crimes and forms of accomplice liability. Encouragement can come in a lot of forms. Some of them include: telling someone else to commit a crime; hiring other people to do it; and not preventing a crime, if there is a legal duty to do so. For example, a mother watches her boyfriend molest her 4-year old daughter. She would be considered an aider and abettor of the boyfriend`s criminal activity.

Atherosclerotic plaque formation occurs in three stages. The first or early stage is the development of fatty streaks beginning from childhood. The fatty streaks are formed from foam cells, which are lipid laden macrophages. Low-density lipoprotein cholesterol is the main lipid component that makes up thes fatty streaks. The second stge is the appearance of fibrous plaque later on in life from the progression of the fatty streaks made from foam cells to a more permant fibrous plaque. These plaques often will occur at areas of bifurcation of the arterial vessels. The last stage occurs when the fibrous plaque develops into a complicated lesion with necrosis and ulceration of the plaque surface with exposure, leading to thrombogenesis through platelet aggregation and formation of a thrombus. As the lipids are collected under the inner lining of damaged artery walls, it eventually narrows or blocks the artery and obstructs blood flow. The fatty tissue breaks down the artery wall over time and causes it to diminish its elasticity. Plaque deposits can also rupture, causing debris to migrate with an artery. Most patients with PAD will present with lower extremity pain, either as classic intermittent claudication or atypical leg pain. Although the supply of blood may be adequate to meet the demands of the inactive muscle, a mismatch will occur between the supply of blood and increased demand due to activity. The mismatch is what causes the atypical lower extremity pain. Patient started with small lesion on L foot. Eventually led to necrosis of the 2nd and 3rd toe.
Autonomic neuropathy occurs when blood is shunted away from peripheral cutaneous capillary beds, which may occur in patients with PAD associated with diabetes. Motor neuropathy leads to changes in gait and thus more pressure on one leg, leading to ulceration. The loss of protective sensation and proprioception resulting in increased force with each step may lead to formation of calluses at pressure areas, which decreases elasticity and increases skin ischemia. Patient has diabetic neuropathy.

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