Yall know who you are...IMO Im certain Napoleon can probably get off with a solid diminished mental capacity defense but the rest should have a sit down with the new Attorney general
An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal. The distinction between an accessory and a principal is a question of fact and degree:
- The principal is the one whose acts or omissions, accompanied by the relevant mens rea (Latin for "guilty mind"), are the most immediate cause of the actus reus (Latin for "guilty act").
- If two or more people are directly responsible for the actus reus, they can be charged as joint principals (see common purpose). The test to distinguish a joint principal from an accessory is whether the defendant independently contributed to causing the actus reus rather than merely giving generalised and/or limited help and encouragement.
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
To successfully prosecute for RICO it must be shown that members of a criminal enterprise engaged in a pattern of racketeering that had an effect on interstate commerce. Those elements need to be broken down for an explanation:
- Criminal Enterprise – Any organization that works together over time and has an organizational structure with one or more persons making decisions for the organization. The enterprise can have either an illegal or a legal purpose.
- Pattern of Racketeering – The members of the organization must have engaged in ongoing illegal activity. At least two predicate crimes (explained below) must have been committed. Two separate and unrelated crimes are not considered a pattern of racketeering. There must be some kind of ongoing scheme of criminal activity.
- Effect on Interstate Commerce – This merely refers to anything that has any effect on commerce when that effect is not entirely limited to one state. Any economic activity of any substance normally meets the criteria.
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