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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  J.D. degree, 15 years practice
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When one parent abuses a child, may the state charge the other

Customer Question

When one parent abuses a child, may the state charge the other parent with accomplice liability for that abuse? Since most states define accomplice liability in terms of "aiding" another in the commission of a crime, what must the state prove the other parent did? Does the state's definition of accomplice make a difference? Compare Tharp v. Com, 40 S.W.3d 356 (Ky. 2000) with State v. Jackson, 976 P.2d 1229 (Wash. 1999) Which approach do you think is better? Why?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  dkennedy replied 2 years ago.

dkennedy :

Hello,

dkennedy :

I can help you with this.

dkennedy :

Are you online?

dkennedy :

The two cases you cited are not Alabama cases so they are not controlling. In order to "aid" a crime you have to know what the person is doing and know it is a crime and do something to help the crime be performed. To watch someone rob a bank and not do anything--that's not aiding.

dkennedy :

To hand a guy a stick to hit a little child with--that is aiding. To hold the child down while getting beaten or otherwise abused. To give reports to the abusive parent knowing that the report of bad behavior will cause abuse. To tell a child not to tell about sexual abuse. etc.

dkennedy :

Child endangerment is something else. That is knowingly putting or maintaining a child in a dangerous situation.

dkennedy :

Knowing a child is being abused and letting it happen.

dkennedy :

I see that you are not online right now, so I will check back soon.

dkennedy :

Are you there? It says "standing by"

Customer :

Hey are you there?

Customer :

I need a complete answer to this question

dkennedy :

What else do you need to know. I'm right here.

dkennedy :

Can I help you with this further. I will wait for you to enter the chat again.

Customer :

I need an answer to all of those questions I asked.

Customer :

When one parent abuses a child, may the state charge the other parent with accomplice liability for that abuse? Why or Why Not?

Customer :

Since most states define accomplice liability in terms of "aiding" another in the commission of a crime, what must the state prove the other parent did?

Customer :

Does the state's definition of accomplice make a difference?

Customer :

Compare Tharp v. Com, 40 S.W.3d 356 (Ky. 2000) with State v. Jackson, 976 P.2d 1229 (Wash. 1999) Which approach in what case do you believe it better and why?

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dkennedy
dkennedy
Criminal Lawyer
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J.D. degree, 15 years practice