Being at the Wrong Place at the Wrong Time With the Wrong "Friends": Accomplice Liability Crimes

All too often, individuals find themselves in the wrong place at the wrong time with the wrong "friends;" as a result, they find themselves charged as a criminal accomplice. The argument that you had no idea of what was going on may not stand - even if it's true - and you may be pulled into a criminal case under the theory of accomplice liability.

What the prosecution has to prove in a case like this is that the accomplice took part in the crime, wanted it to take place, and indicated this intention by his actions or participation. Many times, though, the aider or abettor can be found guilty of a different crime than the primary individual accused of the actual crime. The aider or abettor is charged with a more serious offence or a lesser one, depending on the circumstances and evidence available.

Many times the accused abettor to a crime will argue that even though he was present when a crime took place, he took no part in it, nor did he even know it was going to happen. This can still lead to serious consequences, since proving these assertions requires more than an honest face.

What can be even more shocking is that many individuals are charged as being part of crimes they didn't even witness. In this case, the mere fact of knowing that a crime was going to take place and providing the opportunity for it to happen can be enough to land an individual in serious trouble.

For example, let's say you had a friend who wanted to rob a liquor store and asked if he could borrow your car so he would be able to flee the scene quickly. You complied and gave him your car. You aided him in committing the crime, so you are now an abettor and subject to being charged as party to the offence. It doesn't matter whether or not the crime was discussed in detail beforehand. You knew the crime was going to be committed and you assisted in an indirect way.

Then again, there are examples when being present when an offence occurs will not get you in trouble, provided you had no knowledge that the crime was about to take place. For example, let's say an individual offered to drive you home from a party. You accepted. However, you did not know the vehicle with which he was taking you home was stolen. On your journey home, the driver was pulled over and charged with the offence. If there are no facts proving that you knew the car was stolen, you will not be convicted. It is not enough to find you guilty just because you happened to be in a stolen vehicle.

The moral of this story: watch the company you keep - don't get involved if something seems suspicious, because your indirect actions could still land you behind bars.

Michael Waddington is an expert court martial attorney defending military personnel worldwide. He defends all levels of court martial cases. He is a partner in the Augusta, Georgia, law firm of Gonzalez & Waddington. His worldwide practice focuses on military criminal court martial cases. http://www.ucmjdefense.com

Crime and Unemployment - How to Avoid Being a Victim

A growing statistic we hear little about in the mainstream media is that of rising crime rates as they relate to unemployment. As unemployment rates rise across the US, so does crime, as many formerly law abiding citizens turn to both property crime and white collar crime to feed their families.

Over the past two years as the economy took a steep downturn, crime, especially property crimes, have skyrocketed. One doesn't have to look far to find a victim of recent property crime, their numbers are increasing.

The most common type of crime is car break-in. It seems petty, but aside from what was taken, now the owner must deal with the cost of repairs such as broken windows and interior parts, these as well as lost car batteries and even tires. You may have noticed more cars driving around with plastic and taped over windows, this, usually being a result of thieves who broke in trying to make a fast buck.

There seem to be no safe neighborhoods from this sort of crime as many of the perpetrators were formerly law abiding citizens; a sad commentary on our times.  This new breed of criminal is more likely to succeed at getting away with it as many are educated, intelligent and skilled but down on their luck in a serious way. In desperation they appear better able to plan a crime and carry it out without being caught; bad news for the rest of us.

What are some things we can do to reduce the chance that we will fall victim to this sort of violation? One thing, and probably the most important, is to practice awareness of your surroundings. For instance, pay attention to who is around you and where you park,especially at night. When you go to the grocery store, or any other type of store, choose one with security cameras outside. They are easy to spot; look up on the lot's light poles and building parameters for the cameras pointed at a downward angle. The presence of these not only provides more safety for your car but for yourself as well. If they are not present where you park at work, approach your employer and ask to have some installed. You can even take up an employee collection to supplement the purchase and let the employer know you are serious. Often the cost of such a system is far less than the damage done to a vehicle during a break-in and the cost of replacing stolen items.

The same approach can be taken for the home; check your locks to make sure they are working properly and are not the type that can easily be picked. A dead bolt type with door frame reinforcing plate is your best bet.

Inexpensive surveillance systems can be added where the system dials a preset series of phone numbers such as police, security company and even your cell phone to alert you of a break-in. Windows in the home should be checked on a regular basis to make sure they are locked and have not been tampered with. In the home it is a good idea to place a can of pepper spray or even a stun gun in strategic locations in case you do meet an intruder in your home.

Cars should have alarm systems installed, especially in this economic climate. There are many new systems available but the best is one that calls or beeps you if your car is being tampered with. These systems can cost upward of $400. But can save you from loss and repair bills. For personal protection in the car you can carry a key-ring pepper spray or an inexpensive personal alarm which when activated sets off an ear piercing screech that can interrupt an attack and draw attention.

In this climate of increasing social breakdown it pays to be more vigilant and attentive to your surroundings, it could save your hard earned belongings or even save your life.

Vern Wichers is the founder of http://www.stungunstopepperspray.com/ a Bison River LLC company, as well as a level 3 practitioner and assistant instructor of Commando Krav Maga in the state of Florida.

Stunguns To Pepperspray is a retail provider of personal security products and also offers advice and training in the use of specific products on the site. Vern also offers a series of ongoing blog articles and tips at http://www.stungunstopepperspray.com/news-blog concerning self defense and personal security.

Crime victims 'being kept in dark'

Victims of crime are being let down so badly by the justice system that they are less likely to report incidents again, a new report has found.

The research, based on official Government data and a new survey of 1,000 crime victims for national charity Victim Support, claims that victims are only being kept adequately updated in around half of all reported cases.

It found that victims hear nothing more from the authorities after reporting crime in about a third of incidents.

It also shows that there is a strong correlation between victims receiving information and reporting crime again, with 43% more likely to do so if they were kept informed.

Javed Khan, chief executive of Victim Support, said: "Time and again victims tell us that they've been kept in the dark by the criminal justice system.

"Lack of contact and information about their case can make them feel uncertain and isolated and worsen the distress caused by the crime itself.

"This not only erodes a victim's confidence in the justice system but as our report suggests, makes it less likely that they will report crime again."

Under the Crown Prosecution Service's Code of Practice for Victims of Crime, victims must be updated monthly about key events in their ongoing case, such as arrests, bail, charges, summons and remand.

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