Principal Must Be Convicted
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
- Criminal Law1
Example wrong choices
14730_potluck_flight · CRIMINAL_LAW · Choice Adismiss the charge, because Paul had not been convicted.
Why it's attractive
Students think accessory liability depends on the principal's conviction status.
Why it's wrong
Invents a principal-conviction prerequisite.
Spot it next time
Ask whether the underlying crime occurred and whether Mary aided Paul to avoid the process, not whether Paul was convicted.
14730_potluck_flight · CRIMINAL_LAW · Choice Bdismiss the charge, because the evidence shows that any aid Mary rendered occurred after the crime was completed.
Why it's attractive
Students treat post-crime timing as too late instead of recognizing that after-fact liability starts there.
Why it's wrong
Treats after-completion aid as a defect even though the charge is accessory after the fact.
Spot it next time
Circle 'after the fact' in the charge and compare it to 'after the crime was completed' in the answer.
14730_potluck_flight · CRIMINAL_LAW · Choice Csubmit the case to the jury, on an instruction to convict only if Mary knew Paul had been indicted.
Why it's attractive
Indictment sounds like the formal event that makes the helper's flight legally meaningful.
Why it's wrong
Invents a knowledge-of-indictment requirement instead of the purpose-to-hinder requirement.
Spot it next time
Replace 'knew indicted' with 'purpose to hinder apprehension, trial, conviction, or punishment.'
14735_midnight_copyshop · CRIMINAL · Choice ANo, because Mary, the principal, was never prosecuted.
Why it's attractive
The answer talks about Mary instead of Paul's intent.
Why it's wrong
The answer talks about Mary instead of Paul's intent.
14735_midnight_copyshop · CRIMINAL · Choice BYes, because Paul paid the clerk while he knew Mary was holding the stolen money.
Why it's attractive
The answer proves awareness after the theft, not purpose to help the theft.
Why it's wrong
The answer proves awareness after the theft, not purpose to help the theft.
14735_midnight_copyshop · CRIMINAL · Choice DYes, because Paul facilitated commission of the offense by failing to make any effort to stop it.
Why it's attractive
The answer treats silence as help without a legal duty or purpose.
Why it's wrong
The answer treats silence as help without a legal duty or purpose.
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