Accomplice Liability

Question 1

Accomplice Liability

Accomplice Liability: 2 requirements

Answer 1

To be liable as an accomplice, one must:

1) Aid, counsel, or encourage principal before or during the crime
2) With intent a) to assist the principal, AND b) that the principal commit the crime

Question 2

Accomplice Liability

Accomplice Liability: Scope of liability

Answer 2

Accomplice liable for the crimes he committed or counseled AND any other probable or foreseeable crimes committed

Question 3

Accomplice Liability

Accomplice Liability: Accessory after the fact

Answer 3

Helping a known felon escape arrest, trial, or conviction

*Separate, lesser charge of obstruction of justice

Question 4

Accomplice Liability

Accomplice Liability: Defenses

Answer 4

Accomplice liability does not apply where there is/are:

• Withdrawal
• Member of a protected class
• Parties not provided for in statute

Question 5

Accomplice Liability

Accomplice Liability: Withdrawal Defense

Answer 5

Accomplice can avoid liability by withdrawing from a crime BEFORE the principal commits it; accomplice must:

• Repudiate prior aid or encouragement,
• Do all that is possible to counteract the prior aid, and
• Do so before the chain of events is in motion and unstoppable

Question 6

Accomplice Liability

Accomplice Liability: Member of a Protected Class Defense

Answer 6

Those protected by a criminal statute are not liable as accomplices (e.g. minor-victims in statutory rape cases)

Question 7

Accomplice Liability

Accomplice Liability: Parties Not Provided for in the Statute Defense

Answer 7

E.g. a purchaser of drugs cannot be an accomplice to the seller