6. Parties to the Crime & Accomplice Liability Flashcards
What is an accomplice?
A person who assists or encourages another in committing a crime, or fails to oppose the crime despite a legal duty.
An accomplice must have the intent to effectuate the commission of the crime.
Does an accomplice have an affirmative duty to rescue an attack victim?
No.
Is an accomplice to a crime fully liable for the crime committed?
Yes.
Can accomplices be convicted before the principal is convicted?
Yes.
Can accomplices be convicted even if the principal is not convicted or charged?
Yes.
An accomplice may be convicted even if the principal is not charged or identified.
What must the prosecution prove for accomplice liability?
The prosecution must prove:
* Someone committed the underlying crime
* The accomplice aided, abetted, or facilitated that crime.
What is Actus Reus for Accomplice?
A person must actually assist or encourage the perpetrator of a crime, even slightly.
There is no minimum standard for encouragement.
What is Actus Reus for Accomplice under the MPC?
An attempt to assist or encourage the principal is sufficient, even if the principal is not helped.
This reflects a broader interpretation under the MPC.
Can a person be an accomplice even if the principal would have committed the crime without their assistance?
Yes.
An accomplice’s assistance need not be a ‘but for’ cause of the principal’s crime.
Is mere presence sufficient to prove someone is an accomplice?
No.
Mere presence does not equate to assistance or encouragement.
Can a person’s mere words be sufficient as an accomplice?
Yes.
Words may suffice to establish assistance or encouragement.
Is an individual liable as an accomplice for the acts of a ‘false accomplice’?
No.
A false accomplice, such as an undercover officer, does not create liability.
What is Mens Rea for Accomplice?
The defendant must intend to assist or encourage the commission of the crime.
This involves both the intent to commit acts of assistance and the intent to aid in the crime.
Is an accomplice responsible for the natural and probable consequences of the crime assisted under the majority rule?
Yes.
An accomplice is responsible for both the crime assisted and its natural consequences.
Is an accomplice responsible for the natural and probable consequences of the crime under the MPC?
No.
The MPC limits liability to only the crime assisted or encouraged.
Can an accomplice avoid liability by renunciation?
Yes, if they stop assisting and communicate their intention to withdraw before the crime begins.
The other person must be aware of the withdrawal.
What is a Principal in the First Degree?
Any and all perpetrators who performed the criminal act with the requisite mental state.
This includes those who directly commit the crime.
What is a Principal in the Second Degree?
Any persons present at the scene who aided or encouraged the crime with the requisite intent.
They are equally punishable as principals in the first degree.
Is a principal in the second degree punished to the same extent as a principal in the first degree?
Yes.
They face the same level of punishment.
What is an Accessory Before The Fact?
Persons not present at the scene but who aided or encouraged the crime.
They are punishable to the same extent as the principal.
What is an Accessory After The Fact?
A defendant is guilty as an accessory after the fact if:
i.) a felony had been committed;
(2) the defendant knew of the commission of this crime; and
(3) the defendant personally aided any perpetrator of this crime with the intent to hinder the principal’s apprehension, conviction, or punishment.
Is an accessory after the fact punished to the same extent as the principal?
No.
Accessories after the fact face lesser penalties than the principal.
