NCJ Number
139401
Journal
Criminal Law Forum Volume: 3 Issue: 2 Dated: (Winter 1992) Pages: 299-305
Date Published
1992
Length
7 pages
Annotation
This analysis of the doctrine of innocent agency argues against the views of Williams and distinguishes between the procedural rule and the substantive law on the subject.
Abstract
Williams cites cases in which an innocent party unknowingly poisoned someone and analyzes them using an unorthodox view of the relationship between act and mental state. Although Williams notes that the law of England and Wales allows an accessory to be charged and convicted as perpetrator, the procedural rule does not affect the substantive requirement that someone must generally be alleged to have committed the crime. A doctrine of innocent agency is not needed to cover situations involving complicity, which are covered in current law. However, the doctrine as contained in the draft Criminal Code for England and Wales goes far beyond the use of words in their natural sense and is therefore inappropriate. Footnotes