Accomplice Liability Flashcards
At common law, parties to a crime included:
principals in the first degree
principals in the second degree
accessories before the fact
accessories after the fact
The principal
The one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result.
Accomplice
One who aids, advises, or encourages the principal in the commission of the crime charged.
In order to be convicted of a substantive crime as an accomplice, the accomplice must have
(1) intent to assist the principal in the commission of a crime; and
(2) the intent that the principal commit the substantive offense.
What is withdrawal?
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.
If the person encouraged the crime, how do they withdraw?
If the person encouraged the crime, the person must repudiate the encouragement. “No, don’t kill Joe.”
If the person aided by providing assistance to the principal, how to they withdraw?
Person must do everything possible to neutralize the asistance.
Is notifying the police sufficient withdrawal?
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.