Also known as:facilitates · facilitated · facilitating · facilitation · facilitator · criminal facilitation
Written by attorneys · grounded in primary & secondary sources — see below
Action that makes the commission of an offense or the conduct of a legal process easier to accomplish. The element is satisfied when the conduct supplies a necessary step toward the prohibited result or streamlines a required procedure.
Sources & Authorities
How it applies
Common Examples
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Burglary Breaking That Aids Entry
Faith Fitzgerald pried open a locked window of a house where she had hidden earlier with intent to steal jewelry. Because the forced opening allowed her to reach inside and complete the entry, the breaking satisfied the facilitation requirement for burglary. A later break solely to exit would not have counted.
Accomplice Liability Through Aid
Freya Freeman lent her car keys to Forrest Falconer after he asked for help reaching a warehouse to commit theft. By supplying the vehicle with the purpose of making the theft possible, Freeman became an accomplice under the facilitation prong.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Frontier Capital and Fisher Foods hired a neutral to run a mediation session over a contract dispute. The neutral's structured questions and summaries helped the parties exchange offers and reach a voluntary settlement.
Out-of-Court Statement Aiding Assault
Faye Fuller told the victim the location of the intended target, enabling the later stabbing. The statement was offered to show that Fuller had facilitated the assault, raising confrontation issues under the Sixth Amendment.
Crawford v. Washington541 U.S. 36 (2004)
Arbitration Streamlining Proceedings
Fusion Power and Foxfire Biotech agreed to individual arbitration clauses that limited class claims. The clauses were upheld because they facilitated informal and streamlined resolution of disputes without the delays of class arbitration.
AT&T Mobility LLC v. Concepcion131 S. Ct. 1740 (2011)
Recognition Affecting Traditional Views
Francisco Frost and Farid Farahani sought marriage licenses in a state that had not previously recognized same-sex unions. The nationwide recognition imposed by the decision was said to facilitate the marginalization of those holding traditional beliefs.
Obergefell v. Hodges576 U.S. 644 (2015)
Common questions
Frequently Asked
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What must the breaking accomplish to satisfy the burglary element?+
The breaking must create the opening that allows the defendant to enter the dwelling. A break used only for exit after hiding inside does not meet the requirement even if the defendant formed intent earlier.
How does purpose to facilitate establish accomplice liability?+
A person becomes an accomplice by acting with the purpose of promoting or facilitating the offense through solicitation, aid, or agreement to aid. Mere knowledge without that purpose is insufficient.
What role does facilitation play in the definition of mediation?+
Mediation is defined as a process in which the mediator facilitates communication and negotiation to help parties reach a voluntary agreement. The facilitator's actions are central to the statutory definition.
541 U.S. 36 (2004)Evidence
…that the stabbing was not in self-defense. Noting that Sylvia had admitted she led petitioner to Lee's apartment and thus had facilitated the assault, the State invoked the hearsay exception for statements against penal interest, Wash. Rule Evid. 804(b)(3) (2003). Petitioner countered that, state law notwithstanding,…