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Guilherme Mazui

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What is the Difference Between Accomplice and Conspirator?

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The main difference between an accomplice and a conspirator lies in their roles and the level of involvement in a crime. Here are the key distinctions:

  • Accomplice: An accomplice is someone who knowingly and voluntarily aids, attempts to aid, or supports a crime. They deliberately assist another person to commit a crime. An accomplice may face the same charges and penalties as the primary offender.
  • Conspirator: A conspirator is a person who enters into a plot with one or more other people to commit an illegal act. They agree with others to commit a future crime. Conspirators can be guilty even if the underlying crime is not committed. A co-conspirator is a person who, pursuant to an agreement, participates in a crime with one or more other people.

In summary:

  1. An accomplice assists in the actual commission of a crime, while a conspirator agrees to commit a future crime.
  2. Accomplice liability is a method of holding someone liable for another's crime, whereas conspiracy is a crime itself.
  3. An accomplice may face the same charges and penalties as the primary offender, while a co-conspirator is also subject to Pinkerton liability for crimes committed by other co-conspirators in furtherance of the conspiracy.
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  • What is the Difference Between Accomplice and Conspirator?
  • Comparative Table: Accomplice vs Conspirator

    • Comparative Table: Accomplice vs Conspirator

    Here is a table comparing the differences between an accomplice and a conspirator:

    Feature Accomplice Conspirator
    Definition A person who knowingly and voluntarily aids, attempts to aid, or encourages a crime. A person who enters into a plot with one or more other people to commit an illegal act.
    Liability An accomplice may share the same charge and punishment as the principal criminal. A conspirator may be charged with conspiracy and the execution of the actual crime.
    Involvement Deliberately or consciously helps someone commit a crime. Joins a group of people in a scheme to do an illegal act.
    Agreement No agreement required. Agreement is necessary for conspiracy.
    Withdrawal Can withdraw from being an accomplice if they pull out of the arrangement and do something to prevent the crime. Cannot withdraw from being a conspirator once the conspiracy is formed.

    In summary, an accomplice is a person who knowingly and voluntarily assists in a crime, while a conspirator is a person who enters into a plot with others to commit an illegal act. The key difference between the two is that a conspirator requires an agreement, whereas an accomplice does not.

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    Guilherme Mazui

    Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.