Also known as: loci criminis · crime scene · scene of the crime
Written by attorneys · grounded in primary & secondary sources — see below
The location at which a criminal offense occurs. This place supplies the physical setting for determining whether a participant was present during commission of the offense.
Drew removes catalytic converters from customer cars inside the garage while Aidan stands nearby and shuts the bay doors to block approaching observers. The garage constitutes the locus criminis. Aidan's presence and assistance at that location support classification as a principal in the second degree.
Keith cuts into the pipeline in the remote gas field while Paula holds a flashlight beside him and monitors for security. The pipeline site is the locus criminis. Paula's physical presence there during the tampering allows a jury to find her a principal in the second degree.
Doug carries laptops from the warehouse to his car at the loading dock while Virginia distracts the guard at the entrance. The warehouse dock is the locus criminis. Virginia's presence and aid at that spot establish her liability as a principal in the second degree.
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Molly forges the judge's signature on the settlement order at her desk while Hugh cuts and pastes letterhead beside her. The law firm office is the locus criminis. Hugh's presence and assistance at that location support his classification as a principal in the second degree.
Marlon bypasses security and uploads hacked footage at the control console during the live broadcast. The studio control room is the locus criminis. Marlon's personal actions at that place establish him as a principal in the first degree.
Luis supplies instructions in advance and later directs the upload via video link from an off-site conference while Marlon executes the hack at the studio. The studio remains the locus criminis. Luis's absence from that location precludes principal-in-the-second-degree liability but supports accessory-before-the-fact status.
A principal in the second degree must aid or encourage the principal in the first degree while present at the locus criminis. Physical presence at that location during the offense distinguishes this category from an accessory before the fact who remains absent.
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No. Traditional common law requires actual physical presence at the locus criminis. Electronic observation or direction from another location does not meet the presence element for principal liability in the second degree.
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An accessory before the fact provides aid or encouragement without being present at the locus criminis when the crime occurs. The absence from that location at the moment of commission places the participant in this separate category.
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…Justice Scalia These cases require us to determine when statements made to law enforcement personnel during a 911 call or at a crime scene are “testimonial” and thus subject to the requirements of the Sixth Amendment’s Confrontation Clause. The Confrontation Clause of the Sixth Amendment provides: “In all criminal…