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Co-Defendants WHEREAS
Mark 6:14-29 tells how Herodias used Salome to accomplish the execution of
John the Baptizer. WHEREAS
AHerodias had no concern for her daughter. Her daughter was not an end in
herself, but just a means, an instrument for gratifying her own hatred. Apparently without flicking an eyelid she
made her daughter into a guilty accessory to murder. The Interpreters
Bible, vol 7, p. 737. See also
Exodus 32:19-35 WHEREAS
a perpetrator - like Herodias - is rightfully held at least as accountable as
an implementer - like Salome. Each is accountable on their own merits. WHEREAS
Pennsylvania law provides that an accessory is someone who “helps in a
secondary or subordinate way,” an accomplice is someone who knowingly
participates with another in an unlawful act,” and a co-defendant is a
principal who is called on to defend. WHEREAS people who
persuade others to do criminal acts are equally guilty with the persons who
perpetrate the specific acts, but current Pennsylvania law provides that each
offender is charged and prosecuted separately, except under complicity or
conspiracy. WHEREAS
18 Code of Pennsylvania Statutes Annotated (CPSA) presently reads: “306 Liability for conduct of another;
complicity (a) General
Rule.-A person is guilty of an offense if it is committed by his own
conduct or by the conduct of another person for which he is legally
accountable, or both. (b) Conduct
of another.-A person is legally accountable for the conduct of another
person when: (1) acting with the kind of culpability that is
sufficient for the commission of the offense, he causes an innocent or
irresponsible person to engage in such conduct; (2) he is made accountable for the conduct of
such other person by this title or by the law defining the offense; or (3) he is an accomplice of such other person in
the commission of the offense.” WHEREAS most crimes
committed by addicts are either for the purpose of obtaining drugs or are
done under the influence of those drugs. Similarly, most
crimes committed by prostitutes or victims of abuse are done at the
instigation of their pimp or abuser.
The pusher, pimp or abuser therefore benefits from the criminal act of
their addict, stable or abuse victim.
They should therefore be co-defendants for these acts. WHEREAS
the pushers, pimps, abusers, and other perpetrators are seldom named in either
the initial criminal or civil actions, often because of fear of retribution
and often because of loyalty. This
means they should be listed as un-named co-defendants who can be separately
litigated at some later date. They
should therefore be listed as un-named co-defendants who can be separately
litigated at some later date. WHEREAS
18 CPSA 306(b) should be amended to read: “(4) an offense is committed under the influence
of a controlled substance which he has provided; or (5) an offense is committed for the purpose of
obtaining a controlled substance from him.” WHEREAS such an amendment would make the pusher a
principal and co-defendant - rather than an accessory or accomplice - for the
very crimes and torts perpetrated by the addict. It would help law enforcement reach one of the root causes of
crime in America, and it would provide victims with a “deeper pocket” from
which to recover restitution of special damages. THEREFORE BE IT NOW RESOLVED THAT the Western
Pennsylvania Conference of the United Methodist Church hereby calls upon the
Governor Tom Ridge, and each member of the General Assembly of the
Commonwealth of Pennsylvania to amend 18 CPSA to read: 306 Liability for conduct of another;
complicity (b) Conduct of another.-A person is
legally accountable for the conduct of another person when: (4) an offense is committed under the influence
of a substance which he has provided; or (5) an offense is committed for the purpose of
obtaining a controlled substance from him. Roger
Thomas |