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Frost Frost
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Posts: 303
4 months ago
Joe discovers that his wife is having an affair after twenty years of marriage. Distraught, he goes to a local bar one evening to drink away his sorrows with a few friends. During the evening, Joe announces a plan to kill his wife and her lover. His friend Brian responds, "Sounds like a great idea. She deserves to die for what she did." Two days later, Joe fatally shoots his wife and her companion. Can Brian be charged as an accomplice? Why or why not?
Textbook 

Criminal Law (Justice Series)


Edition: 2nd
Authors:
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cooldawg69cooldawg69
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Posts: 305
4 months ago
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Answers will vary by student. It could be argued that Brian is an accomplice through assistance by psychological influence. However, it would have to be argued that Brian's words met the definition of coaxing, encouraging, persuading, or soliciting. It would also have to argue that Brian had intent or desire to aid Joe and there must be intent by Brian to commit the underlying offense.
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