1. Accomplice Liability

Question 1

Accomplice

Answer 1

When a principal engages in conduct that constitutes an offense, a person is criminally liable for the principal’s conduct when, with the culpability required for the offense, he solicits, requests, commands, importunes, or intentionally aids the principal to engage in such conduct.

Question 2

The elements required for a charge of criminal facilitation are:

Answer 2

(i) the facilitator has knowingly aided in the commission of a crime but his culpability does not reach accomplice level;
(ii) the facilitator need only believe that it was probable that he was rendering aid;
(iii) the conduct alleged must have aided in the commission of the object felony; and
(iv) the facilitator may not be convicted on uncorroborated testimony of the person facilitated.

Question 3

What is a withdrawal from accomplice liability?

Answer 3

Withdrawal is an affirmative defense to accomplice liability for the substantive offense, other than attempt, if the accomplice:

1. Voluntarily and completely renounces his criminal purpose,
2. Withdraws prior to commission of the offense, and
3. Makes a substantial effort to prevent the crime

Question 4

May a person be convicted under accomplice liability solely upon the uncorroborated testimony of an accomplice?

Answer 4

No, except in police disciplinary hearings.