Accomplice Liability Flashcards
Accomplice liability (generally)
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
Common law terminology for accomplice liability
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)
Common law mens rea for accomplice liability
Intentional crimes: (ambiguous as to whether requires purposely or knowingly)
- Intent to render the assistance, AND
- Intent that one’s assistance help primary party commit the offense charged
Unintentional crimes
- Intent to assist the primary party in engaging in the conduct that forms the basis of the offense, AND
- The mental state required for the commission of the substantive offense (negligently or recklessly)
Common law actus reus for accomplice liability
- Solicitation of the offense
- Active assistance in commission of the crime
- Failure to act where a duty to act exists (omission)
- Encouragement of the offense (words or psychological influence)
Natural and probable consequences doctrine
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
Is there a defense to common law accomplice liability?
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
MPC mens rea for accomplice liability
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
MPC actus reus for accomplice liability
- Soliciting another person to commit the crime
- 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)
- Having a legal duty to prevent commission of the offense and fails to do so (omission)
Is there a defense for MPC accomplice liability?
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