Accomplice Liability

Question 1

What are the categories of parties who can be liable for a crime under c/l?

Answer 1

1. principals in the first degree – ppl who actually engaged in the act/omission OR who caused an innocent person to do so
2. principals in the 2nd degree – ppl who aided, advised, or encouraged the principal + were present at crime
3. accessories before the fact – ppl who assisted/encouraged but were not present at crime
4. accessories after the fact – ppl who, w/ knowledge that person committed a felony, assisted them to escape arrest/punishment

Question 2

What are the categories of accomplice liabiltiy under MPC?

Answer 2

(1) principal - person who engages in act/omission
(2) accomplices - anyone who aids, advises, encourages - regardless of presence during act
(3) accessory after the fact (Note: can be punished regardless of whether principal is punished)

Question 3

What mental state is required to find an accomplice liable?

Answer 3

Accomplice must have (1) intent to assist the principal in the commission of the crime, AND (2) intent that the principal commit that crime.

If substantive crime at issue req’s mere recklessness or negligence, then accomplice must have (1) intent to facilitate commission of the crime and (2) acted with recklessness or negligence

Note: mere knowledge that crime will result is generally insufficient - unless person has sufficient stake in the venture (so, e.g. sale of gasoline to arsonist knowing they will commit arson is insufficient, but sale of gasoline at raised price due to the arsonist intent will be sufficient)

Question 4

What is the scope of liability for an accomplice?

Answer 4

Liable for the act they intended to facilitate + any other crimes that were probable or foreseeable.

Question 5

What 3 groups of accomplices will be excluded from liability?

Answer 5

1. members of the protected class (e.g. woman trafficked)
2. necessary parties to crime not provided for (e.g. drug purchaser, not mentioned in statute)
3. accomplices who effectively withdraw from crime before it becomes unstoppable
   Note: must take some action to effectively withdraw (e.g. call cops, repudiate encouragement, attempt to neutralize assistance given)