accomplice liability Flashcards
accomplice liability
form of derivative liability: complicity
imposes liability on one party for the actions of another
not its own crime: accomplice can be convicted of any offense primary party committed that accomplice was complicit in
principle in the first degree
perpetrator
principal in the second degree
present during commission of the crime- those encouragin aiding and abetting in the comission of jthe crime
accessory before the fact
not present during the crime; aided the principals in acquiring the means to do the crime
accessory after the fact
not present but they know of the guilt of those rendering assitance to after commmission of the crime (harboring principals; obstruction of justice)
common law mens rea
intentionally aiding the primary party in commission of the charged offense:
- intent to render the assistance
- intent that ones assistance help the primary party commt the offense charged
natural and probable consequences doctrine
CL:
- objective test
- can be respnosibile for otehr crimes that are natural and probable consequences of the target crime
common law actus reus
- solicitation of the offense
- active assistance in the commission of the crime
- failure to act when a duty to act exists
- ENCOURAGEMENT of the offense (words or psychological influence)
MPC mens rea
acting with the PURPOSE of promoting or facilitating the commission of the offense
- knowing is insufficient
mpc actus reus
- soliciting another person to commit the crime
- aids, agrees to aid, attempts to aid (need not be effective)
- having legal duty but fails to do so
does not adopt natrual consequneces doctirne