Art And Part

Scottish Law: Art and Part in the Past

Where one is accessory to a crime committed by another; a person may be guilty, art and part, either by giving advice or counsel to commit the crime; or, 2, by giving warrant or mandate to commit it; or, 3, by actually assisting the criminal (see more about this popular legal topic in the U.K. encyclopedia) in the execution.

Developments

In the more atrocious crimes, it seems agreed, that the adviser is equally punishable with the criminal (see more about this popular legal topic in the U.K. encyclopedia) and that in the slighter offences, the circumstances arising from the adviser’s lesser age, the jocular or careless way of giving the advice, etc., may be received as pleas for softening the punishment.

Details

One who gives a mandate to commit a crime, as he is the first spring of the action, seems more guilty than the person20employed as the instrument in executing it.

Other Aspects

Assistance may be given to the committer of a crime, not only in the actual execution, but earlier to it, by giveing him, with a criminal (see more about this popular legal topic in the U.K. encyclopedia) intent, with poison, arms or other means of perpetrating it. That sort of assistance which is not given till after the criminal (see more about this popular legal topic in the U.K. encyclopedia) act and which is commonly called abetting, though it be itself criminal (see more about this popular legal topic in the U.K. encyclopedia), does not infer art and part of the main crime. Ersk. Pr. L; Scot. 4, 4, 4; Mack. Cr. Treat. tit. Art and Part. [1][rtbs name=”scottish-law”]

Resources

Notes and References

1. Partialy, this information about art and part is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including art and part.

See Also

Description of Art and Part

In this reference work, art and part is a sort of the English Law, Scots law category.[rtbs name=”english-law”]

Resources

See Also

Description of Art and Part

In this reference work, art and part is a sort of the Scots law category.[rtbs name=”scottish-law”]

Resources

See Also