Accomplice Liability

Question 1

Accomplice

Answer 1

One who intentionally assists another in the commission of a crime

Question 2

Actus Reus

Answer 2

Satisfied if the accomplice assists or encourages the principal in the first degree in committing the crime.

Mere presence is not enough unless the person had a duty to act.

Question 3

Mens Rea

Answer 3

Involves 2 parts – must satisfy both:

1. The intent to do the acts that assist the principal in the first degree in the commission of a crime; and
2. The intent required for the commission of the crime/ that the principal in the first degree commit the crime (can be purpose, knowledge, recklessness, or negligence)

Question 4

Distinctions in Common Law

Answer 4

Parties divided into principals and accessories

Question 5

Principal in the First Degree

Answer 5

The person who actually commits the acts constituting the offense or uses an innocent instrumentality to commit the crime. The innocent instrumentality can either be a non-culpable person, or a non-human agent, such as a trained animal

Question 6

Principal in the Second Degree

Answer 6

Person who intentionally assists the principal in the first degree and is present during the commission of the crime

Presence requirement can be satisfied by physical or constructive presence

Constructive presence:
- If the accomplice is close enough to render assistance to the principal in the first degree during the commission of the crime

Question 7

Accessory Before the Fact

Answer 7

Person who intentionally assists in the commission of the crime, but is not present when the crime is being committed

Question 8

Accessory After the Fact

Answer 8

Person who helps the principal in the first degree and his/her accomplices avoid arrest, trial or conviction

Treated less harshly than a principal in the second degree or an accessory before the fact

Question 9

No Causation Requirement

Answer 9

The accomplice may be found criminally liable even if the principal in the first degree would have committed the crime with or without the accomplice’s assistance

Question 10

Acquittals

Answer 10

No Crime:
If the principal in the first degree is acquitted on the basis that the crime never occurred, all accomplices are acquitted as well, because they did not aid in a crime.

Justified Defense:
If the principal in the first degree is acquitted on the basis that their actions were justified, all accomplices are acquitted as well, because their actions were also justified.

Excuse Defense:
If the principal in the first degree is acquitted on the basis that they had a good excuse, then the accomplices are NOT acquitted, because they did aid in a crime and an excuse will only apply to the principal (insanity, intoxication, etc.)