Accomplice Liability

Question 1

What is Accomplice Liability?

Answer 1

Is not an offense, but a way to link an accomplice to a crime committed by someone else. An accomplice is charged as if they were the principal (one who committed crime).

Question 2

Who is an Accomplice?

Answer 2

• One who has the intent to effectuate the commission of a crime and:
• Assists or encourages another to commit the crime or
• Fails to oppose another person committing that crime despite having a legal duty to do so.

Question 3

Liability for an Accomplice

Answer 3

Under modern law, an accomplice to a crime is fully liable for the crime being committed. Accomplices can also be convicted before the principal is convicted.

Question 4

Accomplice Liability: Actus Reus (Majority v. Minority Rule)

Answer 4

The majority rule requires actual assistance or encouragement.

The minority rule only requires an attempt to assist or encourage the principal.

Question 5

False Accomplices

Answer 5

One cannot be liable as an accomplice for the acts of a false accomplice (e.g. an undercover cop).

Question 6

Accomplice Liability: Mens Rea (General Rule)

Answer 6

D must intend to commit the act of assistance or encouragement and further intend to assist or encourage another to commit the crime charged.

Question 7

Accomplice Liability: Mens Rea (Minority Rule)

Answer 7

A minority of jurisdictions create accomplice liability when a D knowingly assists or encourages a crime.

Question 8

Scope of Accomplice Liability

Answer 8

Accomplices are responsible for crimes that are purposefully facilitated and all others that are reasonably foreseeable outgrowths of the primary crime (obj. test).

Question 9

Accomplice Liability: Renunciation (Majority Rule)

Answer 9

An accomplice may avoid accomplice liability if before the crime begins:

• he stopped assisting and encouraging the principal
• he effectively communicated to principal the accomplice’s intent to withdraw.

Question 10

Accomplice Liability: Renunciation (Minority Rule)

Answer 10

A minority of jurisdictions require the accomplice to neutralize their prior assistance or encouragement.

Question 11

CL Pleading Terms

Answer 11

Include:

• Principal in the first degree
• Principal in the second degree
• Accessory before the fact
• Accessory after the fact

Question 12

Principal in First Degree

Answer 12

The trigger puller (perpetrator who performs the act with requisite mental state).

Question 13

Principal in the Second Degree

Answer 13

One who aids or abets and is present at the scene.

Question 14

Accessory Before the Fact

Answer 14

One who aids or abets but is not present at the scene.

Question 15

Accessory After the Fact

Answer 15

One who aids or abets the principal after commission of crime. Requires proof of:

• completed felony
• accessory knew of the commission of the felony
• accessory personally gave aid to felon to hinder their apprehension, conviction, or punishment.