Accomplice Liability Flashcards
Name the parties to a crime under common law.
Principal in the first degree (who actually engaged in the act/ omission or who caused an innocent agent to do so)
Principal in the second degree (one who aided, advised, or encouraged the principal and was present at the scene)
Accessories before the fact (who assisted or encouraged but was not present)
Accessories after the fact (who, with the knowledge that the others committed a felony, assisted them to escape the arrest or punishment).
Is conviction of the principal required for accomplice liability under common law?
Most jurisdictions have abandoned this requirement.
Name of the parties to a crime under modern statutes.
Principal (one who commits) and accomplice (one who aids, advises, and encourages).
The accessory after the fact (who assists another knowing that they have committed a felony in order to help them escape) is treated separately.
What is required to be convicted of an accomplice crime?
Intent to assist the principal in the commission of the crime AND the intent that the principal commits the substantive offense.
When the substantive offense has recklessness or negligence as means rea, most jurisdictions would require: (a) intent to facilitate the commission of the crime; (b) recklessness or negligence.
Is mere knowledge of the crime sufficient for accomplice liability?
No. Mere knowledge that a crime may result is not enough for accomplice liability, at least where the aid is given in the form of a sale of ordinary goods at ordinary prices.
Procuring an illegal item or selling at a higher price = sufficient for accomplice liability.
When can the accomplice be liable for other crimes committed in the commission of the crime contemplated to the same extent as the principal?
Yes, to the extent foreseeable or probable.
What are the exclusions to accomplice liability?
1) Members of the protected class.
2) Necessary parties not provided for.
3) Withdrawal.
Is mere withdrawal before a crime sufficient to not be held guilty as an accomplice?
Withdrawal must be BEFORE the crime becomes UNSTOPPABLE.
If a person encouraged the crime, the person must repudiate the encouragement.
If the person aided by providing assistance to the principal (such as giving materials), the person must do everything possible to attempt to neutralize the assistance.
Notifying the police or taking other action to prevent the crime is also sufficient. A mere withdrawal without taking any additional action is not sufficient.
