Skip to content
NeCede's

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.

Legal domains

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

Found an error? Suggest a correction →