NCJ Number
139400
Journal
Criminal Law Forum Volume: 3 Issue: 2 Dated: (Winter 1992) Pages: 289-298
Date Published
1992
Length
10 pages
Annotation
This analysis of the doctrine of innocent agency argues against Alldridge's view of the subject and emphasizes that the doctrine of causation should also receive attention in discussions of innocent agency.
Abstract
The doctrine of innocent agency does not make the instigator an accessory to the noncrime of the innocent agent. Instead, it makes the instigator the perpetrator under the law. This doctrine can properly be used only where the act of the innocent agent can be regarded as that of the instigator. In addition, applying ordinary causal doctrine can address the limitations of the doctrine. However, it is not necessary to choose between innocent agency and causation. Therefore, Alldridge's rejection of the doctrine of innocent agency should be rejected. Footnotes and British case examples