Accomplice Liability Flashcards
At common law, parties to a crime included: (4; explain each)
(1) Principals in the first degree: persons who actually engaged in the act or omission that constitutes the offense or who cause an innocent agent to do so
(2) Principals in the second degree: persons who aided, advised, or encouraged the principal and were present at the crime
(3) Accessories before the fact: persons who assisted or encouraged but were NOT present
(4) Accessories after the fact: persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment
Under modern statutes, parties to a crime include: (3; explain each)
(1) Principal: person who, with the requisite mental state, actually engages in the act or omission that causes the criminal result
(2) Accomplice: person who aids, advises, or encourages the principal in the commission of the crime charged
(3) Accessory after the fact: person who assists another knowing that they have committed a felony in order to help them escape
In order to be convicted of a substantive crime as an accomplice, the accomplice must have: (2)
(1) the intent to assist the principal in the commission of a crime; AND
(2) the intent that the principal commit the substantive offense
In order to be convicted of a substantive crime with recklessness or negligence as its mens rea, most jurisdictions would hold that the intent element is satisfied if the accomplice: (2)
(1) intended to facilitate the commission of the crime; AND
2) acted with recklessness/negligence (whichever is required by the particular crime
May a person with mere knowledge that a crime will result be charged as an accomplice?
Probably not, at least where the aid given is in the form of the sale of ordinary goods at ordinary prices.
Procuring an illegal item or selling at a higher price because of the buyer’s purpose may constitute a sufficient “stake in the game” to constitute intent.
What is an accomplice’s scope of liability?
An accomplice is responsible for:
(1) the crimes they did or counseled, AND
(2) for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, AS LONG AS
(3) the other crimes were probable or foreseeable.
A person who effectively withdraws from a crime before it is committed cannot _______ as an accomplice.
be held guilty
When must withdrawal occur? What actions must a person seeking to withdraw take?
Withdrawal must occur before the crime becomes unstoppable.
(1) If the person encouraged the crime, the person must repudiate the encouragement.
(2) If the person aided by providing assistance to the principal, the person must do everything possible to attempt to neutralize the assistance.
(3) Notifying the police or taking other action to prevent the crime.
A mere withdrawal from involvement without taking any additional action is NOT sufficient.
