Accomplice Liability Flashcards
Who is the principal?
the person who commits the crime.
Who is the accomplice?
The person who helps the principal commit the crime.
Define the act of an accomplice.
Aids or encourages the principal with the intent that the crime be committed.
How is NY different from common law accomplice liability?
In NY - there can be accomplice liability for negligence and recklessness crimes.
Accomplices don’t need to specifically intend that the crime be committed. It is enough to intend to aid the principal’s conduct with the requisite intent to commit the crime.
What is the scope of accomplice liability?
Accomplices are liable for all crimes they aid or encourage (as if they did it), and all other foreseeable crimes connected to the encouraged crime.
If a person is merely present at the scene of a crime, are they an accomplice?
No - an accomplice must actively aid or encourage.
If a person merely knows that the criminal intends to commit a crime but does nothing, are they an accomplice?
No - an accomplice must actively aid or encourage.
NY: mere knowledge = criminal facilitation
If a minor approaches you and asks you to buy booze for him - and you do, is the minor an accomplice?
No - the “victim” of a crime cannot be an accomplice.
How can an accomplice avoid liability for the substantive offense?
By withdrawing before the crime is committed. What he must do depends on whether he is an encourager or aider.
How does an encouraging accomplice withdraw?
by repudiating the encouragement before the crime is committed.
How does an aiding accomplice withdraw?
must neutralize his assistance or otherwise prevent the crime from happening.
How can an accomplice withdraw in NY?
By “renunciation”: make a substantial effort to prevent the crime. D will have the burden of showing renunciation as a defense to liability.
What is an accessory after the fact?
Defendant helps principal who has already committed a felony, with knowledge that he has committed the crime, and with the intent to help him avoid conviction.
What does NY call “accessory after the fact”?
Hindering Prosecution
