Accomplice liability

Question 1

list (4)

CL - parties to a crime include

Answer 1

1. Principals in 1st degree
2. Principals in 2nd degree
3. Accessories before the fact
4. Accessories after the fact

Question 2

Who are Principals in 1st degree

Answer 2

person who actually engaged in act or omission

Question 3

Principals in 2nd degree

Answer 3

person who aided, advised, encouraged principal and present at crime

Question 4

who are accessories before the fact

Answer 4

person who assisted/encouraged but NOT present at crime

Question 5

who are accessories after the fact

Answer 5

person who has knowledge that person committed felony and assisted them to escape from arrest or punishment

Question 6

modern statutes have done away with most CL parties to a crime. What is standard now?

Answer 6

all parties to a crime can be found liable

Question 7

modern statute of the principal

Answer 7

person with the requisite mental state who engages in the act or omission that causes the criminal result

Question 8

modern statute of the accomplice

Answer 8

any person who aids, advises, or encourages the principal in commission of the crime

Question 9

modern statute for accessory after the fact

Answer 9

still treated separately just like in CL

Unlike an accomplice, an accessory after the fact has committed a separate crime with a punishment unrelated to the felony committed. If the person provided no aid to the substantive offense, and that he did not intend the substantive offense to occur, he is an accessory after the fact and not an accomplice and so not guilty for the substantive offense that was committed

Question 10

list (2)

Intent for accomplice

Answer 10

1. intent to assist principal
2. intent that principal commit substantive offense

Question 11

when substantive offense has recklessness or negligence as its mental state, the intent of accomplice is:

Answer 11

accomplice held liable if found they

1. intented to facilitate -and-
2. acted with recklessness or negligence