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Where are we on 9/11?

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Charlie Delgado
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An accessory during the fact is someone who stands by without interfering or giving such help as may be in his power to prevent the commission of the offense.


Accessory After the Fact:

A person who, knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to enable him to escape from punishment, or the like. (Robinson v. State, 5 Md. App. 723, 249 A. 2d 504, 507, 18 USCA Section 3) See also harbor, obstructing justice. With few exceptions in this democracy, we are all accessories after the fact.

The guilty child always knows when he deserves to be punished, for he has been in contempt of the proscribed rules of conduct.


Accessory to the Fact: ("Accessory")

(Criminal Law) - Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offense, becomes guilty of such offense, not as a chief of such an offense, not as a cief actor, but as a participator, as by command, advice, instigatiion, or concealment, either before or after the fact or commission. A particeps crimens. Model Penal Code Section 206.

One who is not the chief actor in the offense, nor present at its performance, but in some way concerned therein, either before or after the act committed (but there is also such a thing as an accessory during the fact.) One who aids, abets, commands, or counsels another in the commission of a crime.


Knowledge consists in the perception of the truth of affirmative or negative propositions.


Knowledge is an assurance of a fact or proposition founded on perception by the senses or intuition.


Knowledge is clear perception of that which exists, or of truth, fact, or duty, miscellaneous information and circumstances which engender belief to moral certainty or induce a state of mind that one considers that he knows. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually knows that it does not exist.


Know:

To Know is to have knowledge, to possess information, instruction, or wisdom. To perceive or apprehend; to understand.


Accessory after the Fact:

A person who knowing a felony has been committed by another, receives, relieves, comforts, or assists the felon in onorder to enable him to escape from punishment, or the like. (See also harbor, obstructing justice. Robinson v. State, 5 Md. App. 723, 249 A. 2d 504, 507; 18 USCA Subsection 3)

(Related to accessory after the fact: harbor; incorporated by reference.) Harbor: To afford lodging to, to shelter, succor, and protect, as in improperly admitted aliens. (Susnjar v. US, CCA Ohio, 27 F. 2d 223, 224). To receive clandestinely and without lawful authority a person for the purpose of so concealing him that another having a right to the legal custody of such person shall be deprived of the same. Or, in a less technical sense, it is the reception of persons improperly. It may be aptly used to describe the furnishing of shelter, lodging, or food clandestinely or with concealment, and under certain circumstances, may be equally applicable to those acts divested of any accompanying secrecy. Harboring a criminal is a crime under both federal and state statutes, and a person who harbors a criminal is an accessory after the fact. (Example: 18 USCA Subsection 2, 1071, 1072; Model Penal Code Section 242.3)


Fault

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