3. Accomplice Liability Flashcards
who is a “principal” and what is their liability?
person who commits the illegal act or who causes an innocent agent to do so (and liable for the principal crime)
who is an “accomplice”?
person who aids or encourages principal to commit illegal conduct (also includes common law accessory before the fact)
what is an accomplice’s liability?
liable for principal crime if they intended to aid or encourage the crime
who is an “accessory after the fact”?
person who aids another to escape knowing that he has committed a felony
what is an accessory after the fact liable for?
liable only for the separate, less serious crime of being an accessory after the fact
what intent must be shown to convict an accomplice of a substantive crime? (2)
the accomplice must have…
1) the intent to assist the principal in the commission of the crime, and
2) the intent that the principal commit the substantive offense
what must be shown about an accomplice’s intent where the substantive offense has recklessness or negligence as its mens rea?
intent element satisfied if…
1) intended to facilitate the commission of the crime, and
2) acted with recklessness or negligence (whichever is required by the particular crime at issue)
what level of intent is NOT sufficient to hold an accomplice liable?
mere knowledge that a crime will result (ie–gun salesman sells gun to killer)
under what circumstances may a seller of goods/etc have sufficient intent for accomplice liability?
when they procure an illegal item or sell item at a higher price because of the buyer’s purpose (sufficient stake in the venture)
what is the scope of an accomplice’s liability?
responsible for the crimes they did or counseled AND for any other PROBABLE or FORESEEABLE crimes committed in the course of committing the crime contemplated to the same extent as the principal
when is withdrawal effective to relieve accomplice of liability?
must occur before the crime becomes unstoppable
if defendant encouraged the crime, what act will suffice as a withdrawal?
repudiation of the encouragement
if defendant aided principal by providing assistance, what act will suffice as a withdrawal?
must do everything possible to attempt to neutralize the assistance (such as getting materials back, etc)
when is withdrawal insufficient?
when person simply withdraws from involvement but DOESN’T take any additional action
is notifying police or acting to prevent the crime sufficient for withdrawal?
yes, that’s sufficient
