7. Parties to Crime and Liability for the Conduct of Others

Question 1

The person who commits the crime is called the

Answer 1

principal

Question 2

The person who helps is called the

Answer 2

accomplice

Question 3

Act and mental state of an accomplice

Answer 3

Act: aids or encourages the principal

Mental State: with the intent that the crime be committed.

Question 4

How may an encourager withdraw?

Answer 4

An accomplice who only “encouraged” the principal may withdraw simply by repudiating the encouragement before the crime is committed.

Question 5

How may an aider withdraw?

Answer 5

An accomplice who actually helped the principal must either neutralize the assistance or otherwise prevent the crime from happening (by notifying the authorities, for example).

Question 6

Withdrawal in NY

Answer 6

(1) The accomplice must make a substantial effort to prevent the commission of the crime.
(2) Renunciation is an affirmative defense (burden on D).

Question 7

At common law, to commit the separate common law offense of being an “accessory after the fact,” a defendant must:

Answer 7

1. Help a principal who has committed a felony
2. with knowledge that the crime has been committed, and
3. with the intent to help the principal avoid arrest or conviction.

Question 8

What does NY call “Accessory after the fact”?

Answer 8

Hindering prosecution

Question 9

Enterprise liability for corporations and their agents

Answer 9

When a corporate agent engages in criminal conduct, both the corporation and the agent may be held criminally liable, provided the agent is acting:

1. On behalf of the corporation; and
2. Within the scope of his or her office.