Strict Liability
Author: Evan Bailyn
One of the underlying precepts of criminal law is a Latin maxim that holds 'there can be no guilt without a guilty mind'. |
Statute of Limitations
Author: Evan Bailyn
There was no statute of limitations in common law. It is a statutory creation and is not drawn from an individual's inherent rights but from "legislative grace." |
Parties to a Crime
Author: Evan Bailyn
Common law gave broad definition to parties to a felony as follows:
• Principal in the first degree - he engaged in the felonious conduct;
• Principal in the second degree - he was present, aided and abetted its commission;
• Accessory before the fact - he was not present but aided and abetted prior to the commission of the felony;
• Accessory after the fact - he was not present but aided thereafter in order to protect the principal(s) |
Omission or Inaction
Author: Evan Bailyn
Liability for most crimes is based on the performance of an act. |