Accomplice Liability

Question 1

Accomplice liability (generally)

Answer 1

Complicity: Imposes criminal liability on one party for the actions of another

Not its own crime

Rule: Mere presence is NEVER enough for accomplice liability

Question 2

Common law terminology for accomplice liability

Answer 2

Principal in the first degree: perpetrator
Principal in the second degree: Present during the commission of the crime; those encouraging or aiding and abetting in the commission of the crime (i.e. lookout)
Accessory before the fact: Not present during the commission of the crime; aided the principals in acquiring the means to do the crime (assisted in preparation)
Accessory after the fact: Not present, but they know of the guilt of those rendering assistance to after the commission of the crime (obstruction of justice, harboring fugitives)

Question 3

Common law mens rea for accomplice liability

Answer 3

Intentional crimes: (ambiguous as to whether requires purposely or knowingly)

1. Intent to render the assistance, AND
2. Intent that one’s assistance help primary party commit the offense charged

Unintentional crimes

1. Intent to assist the primary party in engaging in the conduct that forms the basis of the offense, AND
2. The mental state required for the commission of the substantive offense (negligently or recklessly)

Question 4

Common law actus reus for accomplice liability

Answer 4

1. Solicitation of the offense
2. Active assistance in commission of the crime
3. Failure to act where a duty to act exists (omission)
4. Encouragement of the offense (words or psychological influence)

Question 5

Natural and probable consequences doctrine

Answer 5

Not only can you be guilty of target offense, but can also be guilty of any other crime that is a natural and probable consequence of the target crime the accomplice intended to assist in

Objective test: Would a reasonable person know or should have known that the non-targeted crime was a reasonably foreseeable consequence of the act the person aided and abetted?

Common law only - NOT adopted by MPC

Question 6

Is there a defense to common law accomplice liability?

Answer 6

YES

Must communicate to principal their withdrawal, and must make an effort to neutralize their assistance or prevent the commission of the crime

Can do this as long as the crime has not occurred

Question 7

MPC mens rea for accomplice liability

Answer 7

Acting with the purpose of promoting or facilitating the commission of the offense

Must be shared intent between D and principal in the first degree

Question 8

MPC actus reus for accomplice liability

Answer 8

1. Soliciting another person to commit the crime
2. Aids, agrees to aid, or attempts to aid other person in planning or committing the crime (attempt to aid need not be effective; can be encouraging)
3. Having a legal duty to prevent commission of the offense and fails to do so (omission)

Question 9

Is there a defense for MPC accomplice liability?

Answer 9

YES

Must be evidence that D neutralized assistance and told law enforcement authorities or otherwise made proper effort to prevent the commission of the offense