Abstract

Most modern statutes and the Model Penal Code dispense with the distinctions between principals and accessories, and hold persons legally accountable if they commit the act, solicit the commission of offense, aid in commission, or, in some instances, fail to take proper efforts to prevent it. In order for a person to be convicted of a crime, the prosecution must show that the person charged committed a prohibited act or failed to act when he or she had the legal obligation to do so. This principle, referred to as actus reus, may involve an actual physical movement or may consist of verbal acts. However, one cannot be punished for evil intent without an act, nor for a violation of a statute that makes status alone a violation. Although in the usual case an affirmative act is required to support a conviction, in some instances, liability can rest upon the failure to act if there was a legal responsibility to do so.

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