Accomplice Liability Flashcards

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1
Q

At common law, parties to a crime included:

A

principals in the first degree
principals in the second degree
accessories before the fact
accessories after the fact

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2
Q

The principal

A

The one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result.

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3
Q

Accomplice

A

One who aids, advises, or encourages the principal in the commission of the crime charged.

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4
Q

In order to be convicted of a substantive crime as an accomplice, the accomplice must have

A

(1) intent to assist the principal in the commission of a crime; and
(2) the intent that the principal commit the substantive offense.

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5
Q

What is withdrawal?

A

A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice. Withdrawal must occur before the crime becomes unstoppable.

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6
Q

If the person encouraged the crime, how do they withdraw?

A

If the person encouraged the crime, the person must repudiate the encouragement. “No, don’t kill Joe.”

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7
Q

If the person aided by providing assistance to the principal, how to they withdraw?

A

Person must do everything possible to neutralize the asistance.

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8
Q

Is notifying the police sufficient withdrawal?

A

Yes, notifying the police or taking other action to prevent the crime is also sufficient. A mere withdrawal from involvement without taking any additional action is not sufficient.

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