Testimony of an accomplice is a statement given to a court by someone who has knowledge of a crime, usually as an accomplice in the crime, but has not been charged with the crime itself. It is also known as an accomplice witness statement. This type of testimony is often considered to be unreliable due to the fact that the witness may be motivated by self-interest in providing an account of the crime. There are two types of testimony of an accomplice: 1. Direct Testimony: This is direct evidence of a crime or criminal activity, given by an accomplice who was present at the time of the offense. It can include both written and oral testimony. 2. Hearsay Testimony: This type of testimony is not direct evidence of a crime, but instead consists of second-hand information given by an accomplice who was not present at the time of the offense. It may include statements from a third party or information gathered through investigation.
TESTIMONY OF AN ACCOMPLICE
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FAQ
For example, if Chuck hires Lucy to be a lookout and a getaway driver, and then they commit the crime, Chuck is the principal and Lucy is an accomplice.
Accomplice Liability Elements the suspect did not commit a crime themselves, but it was committed by another person; the suspect deliberately and intentionally helped the other person to commit a crime; the suspect inspired, advised, helped, or commanded the other person to commit a crime.
An accomplice is defined as a person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime. An accomplice is criminally liable to the same extent as the principal.
For example, if Chuck hires Lucy to be a lookout and a getaway driver, and then they commit the crime, Chuck is the principal and Lucy is an accomplice. Why? Because she drove to the scene, stayed there to look out for the police, and then drove Chuck away.
There is no general ban against an alleged accomplice testifying against you.
The concept of accomplice liability means an accomplice faces the same degree of guilt and punishment as the individual who committed the crime. Indeed, accomplices can face the same penalties, including prison time.
Elements of Accomplice Liability A crime was committed by another individual; The defendant "aided, counseled, commanded, or encouraged" the other person in the commission of the crime.
Section 133 of the Indian Evidence Act says that an accomplice shall be a competent witness as against the accused person and a conviction the accused based on the testimony of an accomplice is valid even though it is not corroborated in material particulars.