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In Alta Proditione Nullus Potest Esse Accessorius Sed Principalis Solummodo
Understanding In Alta Proditione Nullus Potest Esse Accessorius Sed Principalis Solummodo in Legal Context
Definition & Meaning
The Latin maxim "In alta proditione nullus potest esse accessorius sed principalis solummodo" translates to "In high treason, no one can be an accessory; each one is a principal." This principle asserts that in cases of treason, all individuals involved are considered equally culpable as main offenders, eliminating the distinction between primary perpetrators and accessories. This legal doctrine underscores the seriousness of treason and the collective responsibility of those involved.
Table of content
Legal Use & context
This maxim is primarily used in criminal law, particularly in cases involving treason. It emphasizes that anyone participating in treasonous acts is treated as a principal offender, which can lead to severe penalties. Understanding this principle is crucial for individuals involved in legal proceedings related to treason, as it affects their legal standing and potential consequences. Users can benefit from utilizing legal templates provided by US Legal Forms to navigate related legal processes effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a hypothetical case where a group conspires to overthrow the government, each member of the group can be charged with treason, regardless of their specific role in the conspiracy.
Example 2: If an individual provides support to a treasonous act, such as funding or planning, they are still considered a principal offender and can face the same charges as the main perpetrator. (hypothetical example)
Relevant laws & statutes
The principle is rooted in common law and has been affirmed in various cases, including Ex parte Bollman, 8 U.S. 75, 115 (U.S. 1807), which established that in treason cases, all involved are treated as principals. Specific statutes regarding treason can vary by jurisdiction, but the overarching principle remains consistent.
State-by-state differences
State
Notes
California
California law treats treason similarly, holding all participants equally accountable.
Texas
Texas law also follows this principle, with severe penalties for all involved in treason.
New York
New York's treason laws reflect the same understanding of collective culpability.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Accessory
A person who assists in the commission of a crime but is not the principal offender.
In treason, there are no accessories; all are considered principals.
Principal
The main perpetrator of a crime.
In treason cases, all involved are treated as principals regardless of their role.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a situation related to treason, it is crucial to seek legal counsel immediately. Understanding your rights and responsibilities under this principle is essential. Consider using US Legal Forms to access templates that can help you navigate the legal process. However, due to the complexity and seriousness of treason charges, professional legal assistance is strongly recommended.
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