Maxim 7.1.23
One who is accessory to a crime cannot be guilty of a higher degree of crime than his principal.
Source: 3 Inst. 139; Weisman, 26b
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) An accessory's guilt cannot exceed that of the principal — if the principal is guilty of manslaughter, the accessory cannot be convicted of murder.
Where this applies
- A getaway driver is charged with murder even though the shooter — the principal — was only convicted of manslaughter.
- A teenager who helped plan a robbery cannot be convicted of armed robbery when the person who actually committed it was found guilty of simple theft.
- An employee who unknowingly aided an embezzlement scheme cannot face harsher charges than the executive who masterminded it.
Cite this maxim
NeCede Max. 7.1.23 — One who is accessory to a crime cannot be guilty of a higher degree of crime than his principal. — 3 Inst. 139; Weisman, 26b
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