Accomplice Liability

Question 1

Accomplice Liability Rule

Answer 1

In felony cases, every principal in the second degree and accessory before the fact may be indicted, tried, convicted, and punished in all respects as if a principal in the first degree (all treated as principals).

Question 2

Accomplice Liability Exception

Answer 2

• Only the actual murderer can get the death penalty.
• A principal in the second degree or accessory before the fact can get a maximum punishment of life unless it is a case of murder for hire or an act of terrorism.

Question 3

Accessory After the Fact

Answer 3

Accessory after the fact is a separate crime

Question 4

Accomplice Liability Conviction Requirement

Answer 4

• Not necessary for 1st degree principal to be convicted

* But it must be shown that the principal committed the crime before the accessory can be convicted.

Question 5

Withdrawal Rule

Answer 5

Accomplice can withdraw and escape criminal liabilty if he:

1) Withdraws all aid and encouragement
2) As evidenced by acts or words showing disapproval and opposition to the contemplated crime
3) Before completion of the felony.

Question 6

Withdrawal Prevention Rule

Answer 6

• Withdrawal must be in due time, and

* Withdrawer must do everything possible to detach himself from the criminal enterprise AND prevent consummation.