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33. What crime did the gang leader commit?
A new gang member, hoping to impress the gang's leader, pointed a gun at a pedestrian and ordered her to give him her expensive watch, which she did. The gang member then tossed the watch to the gang leader, who was standing nearby. Although totally surprised by this act, the gang leader put the watch in his pocket. The pedestrian ran away.
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A is incorrect. An accessory after the fact is one who knowingly receives, relieves, comforts, or assists one who has committed a crime to escape arrest, trial, or conviction. In this case, the gang leader is not doing anything to actively aid the new gang member escape arrest.
B is incorrect. An accomplice is one who, with the intent to assist the principal and the intent that the principal commits the crime, actually aids or encourages the principal before or during the crime. In this case, the gang leader did not have the intent to assist the principal or the intent that the principal commit the crime. The leader also did not aid or encourage the principal before or during the crime. Therefore, the gang leader is not an accomplice to the robbery.
C is incorrect. The elements of conspiracy are: (i) an agreement between two or more persons; (ii) an intent to enter into an agreement; and (iii) an intent to achieve the object of the agreement. In this case, the gang leader and the gang member did not agree to accomplish the same objective by mutual action. Therefore, there was no conspiracy.