NCJ Number
30058
Journal
Hastings Law Journal Volume: 27 Issue: 1 Dated: (SEPTEMBER 1975) Pages: 175211
Date Published
1975
Length
37 pages
Annotation
THE ELEMENTS OF COMPOUNDING ARE KNOWLEDGE OF COMMISSION OF THE ORIGINAL, ANTECEDENT CRIME, AN AGREEMENT NOT TO REPORT OR PROSECUTE THAT CRIME, AND THE RECEIPT OF A CONSIDERATION.
Abstract
THIS NOTE DEFINES THE COMPOUNDING OF CRIMES, OFFERS A BRIEF REVIEW OF ITS NATURE AND DEVELOPMENT, AND DISTINGUISHES IT FROM RELATED CRIMES, SUCH AS ACCESSORY AFTER THE FACT, EXTORTION, AND MISPRISION OF FELONY. THE AUTHOR ANALYZES CURRENT AMERICAN COMPOUNDING LAW, EXPLORES WHY ENFORCEMENT OF COMPOUNDING LAWS IS DISFAVORED, AND SUGGESTS THAT MORE VIGOROUS ENFORCEMENT MAY BE APPROPRIATE, ESPECIALLY AS A WEAPON AGAINST WHITE COLLAR CRIME. ALSO EVALUATED IS THE MODEL PENAL CODE'S APPROACH TO COMPOUNDING, UNDER WHICH ONE ACCUSED OF COMPOUNDING HAS AN AFFIRMATIVE DEFENSE THAT THE PECUNIARY BENEFIT DID NOT EXCEED AN AMOUNT WHICH THE ACTOR BELIEVED TO BE DUE AS RESTITUTION OR INDEMNIFICATION FOR HARM CASUED BY THE OFFENSE. AN ALTERNATIVE TO THIS APPROACH IS PROPOSED INVOLVING THE INCREASED AVAILABILITY OF JUDICIALLY-SANCTIONED COMPROMISE OF CRIMINAL CASES.