(7) Criminal Law: Accomplice Liability

Question 1

Definition

Principal

Answer 1

The person whose acts or omissions are the actus reus of the crime, the perpetrator of the crime.

Question 2

Rule

Principal

Answer 2

The Principal must be actually or constructively present at the scene of the crime. A principal is constructively present when the instrumentality they left or controlled resulted in the commission of the crime.

Question 3

Can there be joint Principals?

Answer 3

YES

Question 4

Definition

Accomplices

Answer 4

An accomplice is a person with the requisite mens rea (there is a minority and majority rule), aids or abets a principal prior to or during the commission of the crime.

Question 5

What crime is the Accomplice liable for?

Answer 5

An accomplice is liable for the crime itself and all foreseeable crimes.

Question 6

Can an Accomplice be found liable if a principal cannot be convicted?

Answer 6

YES, an accomplice still has liability.

Question 7

Accomplice Mens Rea - Majority Rule

Answer 7

A person is an accomplice if they act with the purpose of promoting or facilitating the commission of the offense. An accomplice must solicit, aid, or attempt to aid in the planning or commission of the crime with the intent that the crime actually be committed.

If the principals crime only requires a mens rea of negligence or recklessness then the accomplice must only act recklessly or negligently with regard to the principals commission of the crime.

Question 8

Accomplice Mens Rea - Minority Rule

Answer 8

Any voluntary act (intentionally or knowingly) that assists a principal in a criminal manner even if there is no intent to aid in the commission of a crime satisfies.

Question 9

Definition:

Accessories After the Fact

Answer 9

A person who aids or assists a felon in avoiding apprehension after commission of a felony. Has committed a separate crime – obstruction of justice or harboring a fugitive.

Question 10

Rule:

Accessories After the Fact

Answer 10

An accessory after the fact must (a) know the felony was committed, (b) act specifically to aid or assist the felony and (c) give aid for the purpose of helping the felon avoid apprehension or conviction.

Question 11

Defenses for Accomplice Liability:

Withdrawal

Answer 11

To withdraw an accomplice must (1) repudiate prior aid; (2) do all that is possible to undue prior assistance; (3) notify the police; AND (4) do so before the chain of events is unstoppable.