Next Generation Bar Exam Quiz
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CRIMINAL LAW AND CONSTITUTIONAL PROTECTIONS OF ACCUSED PERSONS
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Detective Voss is investigating a series of armed robberies. During a bank robbery, the robber—later identified as Marcus Reid—shot and killed a security guard. That evening, Reid went to the home of his cousin, April Chen. Chen had heard a police bulletin describing Reid as the armed bank robber sought in the shooting. Reid told Chen, 'The cops are closing in. I need to get out of town.' Chen, terrified that Reid would become violent if she refused, drove Reid to a train station and gave him $200 for a ticket. Reid was arrested two weeks later. At Reid's trial, the court suppressed the sole eyewitness's identification, and the jury acquitted Reid of all charges. The prosecution then charged Chen as an accessory after the fact.
Relevant statute — Section 9-12 of the Penal Code:
'A person is an accessory after the fact if, knowing that a felony has been committed, he or she receives, relieves, comforts, or assists the felon with the purpose of enabling the felon to avoid or escape arrest, trial, conviction, or punishment. A person may be prosecuted and convicted as an accessory after the fact whether or not the felon has been arrested, tried, or convicted, and it is no defense that the felon has been acquitted, if the evidence otherwise establishes that a felony was in fact committed. A person acts with the requisite purpose even if his or her assistance is motivated by fear, sympathy, or payment.'
If the prosecution charges Chen as an accessory after the fact, Chen should be:
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