Accomplice Liability

Question 1

MPC parties to a crime

Answer 1

Principal: one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result (person who does the crime)
-Liable for principal crime

Accomplice: one who aids, advises, or encourages the principal in the commission of the crime charged
-Mere knowledge that a crime will occur is not sufficient
-Liable for principal crime if accomplice intended to aid or encourage crime

Accessory after the fact: person who aids another to escape knowing that he committed a felony
-Liable for separate, less serious crime of being an accessory after the fact

Question 2

Dual intent

Answer 2

To have accomplice liability, a person must have dual intent:
1. Intent to assist the principal; and
2. Intent that the principal commit the crime
-For recklessness/negligence substantive offenses, the accomplice only need to have intent to assist + acted with recklessness and negligence

Question 3

Scope of accomplice liability

Answer 3

An accomplice is liable for the crimes they did or counseled and for any other crimes committed in the course of committing the crime that was probable or foreseeable

Question 4

Withdrawal from accomplice liability

Answer 4

A person who withdaws from the crime before it becomes unstoppable can avoid liability:
-Encouraged crime? Must repudiate encourage
-Provided assitance? Must attempt to neutralize
-Must withdrawal + one of the above or notify the police