Accomplice Liability

Question 1

PARTIES TO A CRIME: Common Law

Answer 1

CL, parties to a crime included:
(1) Principals in 1st degree: persons who actually engaged in the act/omission that constitutes offense/ who caused an innocent agent to do so
(2) Principals in 2nd degree: persons who aided, advised, or encouraged principal & were present at crime
(3) Accessories b/f the fact: persons who assisted/ encouraged but were not present
(4) Accessories after the fact: persons who knew the other committed a felony, assisted them to escape arrest/punishment
- At CL, conviction of principal was required
for conviction of an accessory, but most jurisdictions have abandoned this.

Question 2

Modern Statutes

Answer 2

• Most jurisdictions have abolished distinctions
• All such “parties to the crime” can be found guilty of principal offense.
• Think of the one who actually engages in the act (either personally/ by innocent agent)/omission as principal & other parties as accomplices.
• Principal is one who, w/ requisite mental state, actually engages in act/omission that causes criminal result.
• Accomplice is one who aids, advises, or encourages principal in commission of crime charged

Question 3

NOTE: Accessory After the Fact

Answer 3

Accessory after the fact (one who assists another knowing they have committed a felony in order to help them escape) is still treated separately. Punishment for this crime usually bears no relationship to principal offense.

Question 4

MENTAL STATE—DUAL INTENT REQUIRED

Answer 4

• To be convicted as an accomplice, accomplice must have
  (1) intent to assist principal in commission of crime; and
  (2) intent that principal commit offense.
• When offense has recklessness/negligence as its mens rea, intent element satisfied if accomplice
  (1) intent to assist principal in commission of crime; and
  (2) acted w/ recklessness/negligence (whichever is required by particular crime).

Question 5

Provision of Material

Answer 5

• Absent statute, mere knowledge that crime will result is not enough for accomplice liability, at least where aid given is of sale of ordinary goods at ordinary prices (ex. a gas station attendant will not be liable for arson for knowingly selling a gallon of gasoline to an arsonist).
• However, procuring an illegal item/selling at higher price b/c of buyer’s purpose (ex. charging the arsonist $100 for the gallon of gas) may constitute a sufficient “stake in the venture” to constitute intent.

Question 6

SCOPE OF LIABILITY

Answer 6

• Accomplice is responsible for crimes they did/ counseled & for any other crimes committed during commission of contemplated crime to same extent as principal, if other crimes were probable/ foreseeable.

Question 7

Exclusions from Liability

Answer 7

Members of Protected Class
- Members of the class protected by statute are excluded from accomplice liability

Necessary Parties Not Provided For
- Party necessary to commission of a crime, by statutory definition, who is not provided for in statute is excluded from accomplice liability.