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Alabama Law on “Aid and Abet”/Accessory

Posted on 2/21/23 at 8:59 pm
Posted by VolNavy98
Tun Tavern
Member since Jul 2022
3853 posts
Posted on 2/21/23 at 8:59 pm
The Law
How has Miller not been charged with at least Accessory? By Alabama law he has a legal duty to prevent the commission of the offense, he/she fails to make an effort he/she is legally required to make. This needs to be looked at by the Highest Court in Alabama as a Cover up at the D.A office.
The Law
Accountability for Behavior of Another – Accessory
A person is accountable for the behavior of another constituting an offense if, with the intent to promote or assist the commission of the offense: [Read appropriate part]
(1) He/she procures, induces or causes the other person to commit the offense;
(2) He/she aids or abets the other person in committing the offense; [or]
(3) Having a legal duty to prevent the commission of the offense, he/she fails to make an effort he/she is legally required to make.
A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his/her purpose is to cause that result or to engage in that conduct. [13A-2-2(1" target="_blank" rel="nofollow noreferrer">
“Aid or abet” is to help, assist, or facilitate the commission of a crime, promote the accomplishment thereof, help in advancing or bringing it about, or encourage, counsel, or incite as to its commission. (Black’s Law Dictionary)
“Aid and abet” comprehends all assistance rendered by acts or words of encouragement, support or presence, actual or constructive, to render assistance should it become necessary. Radke v. State, 292 Ala. 290, 293 So.2d 314 (1974).
The perpetrator can commit the crime though he/she may vary the mode or circumstances of the perpetration, or though no particular manner, time or place may have been counseled or instigated. Griffith v. State, 90 Ala. 583, 8 So. 812 (1891).
Mere presence at the scene, without more evidence, is not sufficient to prove complicity. See Hand v. State, 26 Ala. App. 317, 159 So. 275 (Ala. Cr. 1935).
No particular acts are necessary and it is sufficient to convict if the jury is convinced beyond a reasonable doubt that the defendant was present with a view to render aid should it become necessary. Radke v. State, 292 Ala. 290, 293 So.2d 314 (1974).
The State has the burden of proof. The burden does not shift to the defendant.
This post was edited on 2/21/23 at 9:00 pm
Posted by WildcatMike
Lexington, KY
Member since Dec 2005
41528 posts
Posted on 2/21/23 at 8:59 pm to
Posted by Glorious
Mobile
Member since Aug 2014
24458 posts
Posted on 2/21/23 at 9:00 pm to
quote:

with the intent to promote or assist
Posted by SingleMalt1973
Member since Feb 2022
11856 posts
Posted on 2/21/23 at 9:00 pm to
He’s guilty of 2 and 3
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
83436 posts
Posted on 2/21/23 at 9:01 pm to
quote:

How has Miller not been charged with at least Accessory?
We will find out why the DA has decided they can’t find anything to charge him with.
Posted by VolNavy98
Tun Tavern
Member since Jul 2022
3853 posts
Posted on 2/21/23 at 9:02 pm to
quote:

with the intent to promote or assist

What do you think he did when he took the gun to a drunk friend? He assisted in the crime!!
This post was edited on 2/21/23 at 9:05 pm
Posted by ibldprplgld
Member since Feb 2008
24957 posts
Posted on 2/21/23 at 9:02 pm to
He’s going to be charged before the dust settles. And he should be.
Posted by beebefootballfan
Member since Mar 2011
19010 posts
Posted on 2/21/23 at 9:02 pm to
I 100% believe Bama and the DA thought they could sweep it under the rug and let the dust settle and protect him. It blew up in their face and now Oates will get the Briles treatment.
This post was edited on 2/21/23 at 9:04 pm
Posted by SingleMalt1973
Member since Feb 2022
11856 posts
Posted on 2/21/23 at 9:03 pm to
quote:

with the intent to promote or assist


Law enforcement testimony indicates he and Bradley parked their cars in a manner that blocked the victim from getting away, seems like some intent there. this is not like Bill Clinton saying it depends on was is means.
Posted by VolNavy98
Tun Tavern
Member since Jul 2022
3853 posts
Posted on 2/21/23 at 9:04 pm to
I posted the Alabama Law. It’s pretty clear he broke it. It’s not that the D.A can’t charge him, he just not trying to a charge him because it’s Alabama and the best player in the country. This will not just go away now the national media has it. I wouldn’t be surprised if charges isn’t filed by the end of the week.
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
83436 posts
Posted on 2/21/23 at 9:04 pm to
quote:

Law enforcement testimony indicates he and Bradley parked their cars in a manner that blocked the victim from getting away, seems like some intent there
Absolutely false
Posted by VolNavy98
Tun Tavern
Member since Jul 2022
3853 posts
Posted on 2/21/23 at 9:05 pm to
quote:

seems like some intent there.

Intent was when he intentionally brought the gun to facilitate in a murder.
Posted by SidewalkTiger
Midwest, USA
Member since Dec 2019
52355 posts
Posted on 2/21/23 at 9:06 pm to
quote:

Absolutely false


I think we'll go with the law enforcement testimony over a trashy Alabama fan's opinion.

.
Posted by SingleMalt1973
Member since Feb 2022
11856 posts
Posted on 2/21/23 at 9:06 pm to
Every investigative journalist is gonna be looking into this, not to mention the lawyers of the victim given Millers Lottery status. It will be investigated up and down, DA is in a tight spot.
Posted by Glorious
Mobile
Member since Aug 2014
24458 posts
Posted on 2/21/23 at 9:07 pm to
quote:

What do you think he did when he took the gun to a drunk friend? He assisted in the crime!!


If he didn’t know that he was driving to an active altercation, then he walks. He still a fricking idiot, but he walks
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
83436 posts
Posted on 2/21/23 at 9:07 pm to
quote:

I posted the Alabama Law. It’s pretty clear he broke it
Incorrect
quote:

he just not trying to a charge him because it’s Alabama and the best player in the country.
I find this hard to believe
quote:

I wouldn’t be surprised if charges isn’t filed by the end of the week.
I mean, maybe.
Posted by SingleMalt1973
Member since Feb 2022
11856 posts
Posted on 2/21/23 at 9:07 pm to
quote:

Absolutely false


Damn, Imhave only seen this in about 6 articles that had direct quotes from the Detectives. Is the Earth really round?
Posted by TrueLefty
St. Louis County
Member since Oct 2017
14877 posts
Posted on 2/21/23 at 9:07 pm to
quote:

I 100% believe Bama and the DA thought they could sweep it under the rug and let the dust settle and protect him. It blew up in their face and now Oates will get the Briles treatment.


I thought this was more toward to the Ed Orgeron treatment.
Posted by VolNavy98
Tun Tavern
Member since Jul 2022
3853 posts
Posted on 2/21/23 at 9:08 pm to
Police Testimony
Skip to the last paragraph sparky.

quote:

Absolutely false


Police also testified that the vehicles of Miller and Bradley were allegedly blocking the road where the Jeep was parked.
Posted by ibldprplgld
Member since Feb 2008
24957 posts
Posted on 2/21/23 at 9:09 pm to
quote:

Law enforcement testimony indicates he and Bradley parked their cars in a manner that blocked the victim from getting away, seems like some intent there

Absolutely false


That’s verbatim what the article outlines as the police quote.
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