Attempt,Conspiracy, and Solicitation
Warfieldcan be charged with several cases due to his involvement in theactivities that could have triggered the crime. Though the crime didnot materialize and Warfield was not part of the gang to execute themisconduct, some factors surrounding his actions in the currentcircumstances leave him with legal answerability.
Firstly,Warfield should be charged with attempt. His presence in the housealready makes him a suspect since the underlying circumstances showthat there was a plot to commit a crime. In fact, it happens even ifit did not actually succeed and he was ignorant of the plan. Yaffe(2014) asserts that the very accidental presence of an individual inan isolated crime scene could be held against him. By virtue of beingin the company of the guys when all these pre-crime activities weretaking place, he should be prosecuted for attempt to commit robbery(Doyle,2015).
Secondly,Warfield should be charged with conspiracy. It is evident that therewas a plot to commit a crime and Warfield did nothing about it. Hewent on with the ride and ended up in the house where the crime wasto begin. Such a situation implies that he was part of theconspiracy, his innocence notwithstanding.
Thirdly,Warfield can be charged with abetting. From the case highlighted, itis clear that he helped in the planning of the crime in several ways.Though it is unclear whether Warfield knew the plans of the gang, hewas with them all along and not at any one point did he try tosabotage their plans. In fact, when they were fleeing, he fled withthem.
Ontop of that, if he was truly innocent, he should have at least helpedthe police in the arrests. He should also not have evaded the police.Most gang activities have these unclear circumstances whereby it ishard to tell whether the person was part of the gang or not(Peterson,2016).Thus, Warfield should be ready to defend his innocence in a court oflaw.
Doyle,Charles, Attempt:An Overview of Federal Criminal Law(2015).
Peterson,Ines, OpenQuestions Regarding Aiding and Abetting Liability in InternationalCriminal Law: A Case Study of icty and ictr Jurisprudence(2016).
Yaffe,Gideon, CriminalAttempts, YaleLJ 124(2014): 92.