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4. At her trial, the court should
Sometime later, the woman returned for a visit with her family and was arrested and indicted as an accessory after the fact to child abuse.
The man pleaded with the woman to forgive him and to run away with him. She agreed. They moved out of state and took the daughter with them. Without the testimony of the child, the prosecution was forced to dismiss the case.
A man was engaged to marry a woman. One evening, the man became enraged at the comments of the woman's eight-year-old daughter who was complaining in her usual fashion that she did not want her mother to marry the man. The man, who had too much to drink, began beating her. The daughter suffered some bruises and a broken arm. The woman took her daughter to the hospital. The police were notified by the hospital staff. The man was indicted for felony child abuse.
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D is correct. In this case, the man was indicted for felony child abuse and when the man pleaded with the woman to run away with him, she agreed and took the daughter with them. Without the testimony of the child, the prosecution was forced to dismiss the case. The woman could be found guilty as an accessory after the fact as long as she intended to help the man avoid apprehension. The woman knew the man committed child abuse by beating her daughter and assisted the man by taking away her daughter, the prosecution's witness. So, at trial, the jury only needs to ascertain whether the woman's purpose in moving was to prevent the man's conviction.
A is incorrect. The woman can still be tried and convicted of accessory after the fact to child abuse because punishment is appropriate if an accessory after the fact intended to help the man get away with his crime.
B is incorrect. Liability as an accessory after the fact is appropriate when a defendant (in this case the woman), aids the principal (in this case the man) after the principal committed the crime (in this case, felony child abuse). As such, the woman can be convicted as an accessory after the fact to child abuse, even if the evidence shows that any aid she rendered occurred after the crime was completed. Because accessory after the fact is a separate crime to the felony child abuse, the woman can be prosecuted for aiding the man after the crime was completed.
C is incorrect. This answer choice misstates the issue at hand. The issue is not whether the woman knew the man had been indicted, but rather, whether the woman's purpose in moving was to help the man avoid conviction for the crime of felony child abuse. Because the woman need not have known that the man had been indicted, as long as the woman knew that her aid was to prevent his prosecution or punishment, this choice is incorrect.