Accomplice Liability

Question 1

What are categories of accomplice liability under common law?

Answer 1

• Principals in first degree: actually engaged in act/omission constituting offense or caused innocent agent to do so
• Principals in second degree: aided/advised/encouraged principal (present at crime)
• Accessories before the fact: assisted/encouraged (NOT present at crime)
• Accessories after the fact: helped escape arrest/punishment, knowing that they committed felony

Question 2

What are categories of accomplice liability under modern statutes?

Answer 2

• Principal: actually engaged in act/omission that caused criminal result (has requisite mental state)
• Accomplice: aided/advised/encouraged principal in commission of crime charged (liable for principal offense if aided/encouraged crime)
• Accessory after the fact: aids another to escape knowing he committed felony (punishment NOT related to principal offense)

+ Intent to assist principal + intent that principal commit substantive offense

Question 3

What is the mental state required to convict accomplice of the substantive crime?

Answer 3

(1) Intent to assist principal
(2) Intent that principal commit substantive crime

If substantive crime requires recklessness/negligence mens rea, accomplice had:
* (1) Intent to facilitate commission of crime
* (2) Acted with recklessness or negligence (depends on what crime requires)

Question 4

When is there intent under accomplice liability for providing materials?

Answer 4

Mere knowledge that crime will result is NOT intent.
Knowingly procuring illegal item/selling item at higher price knowing it’ll be used in crime might be intent.

Ex. If gas station emp sells gasoline to known arsonist, not liable for arson. This is just a sale of ordinary goods at ordinary prices.
Ex. If emp charges arsonist $100/gallon, might constitute intent and be liable for arson.

Question 5

What is the SCOPE of accomplice liablity?

Answer 5

Crimes they committed/counseled + ANY other crimes committed during those crimes that were foreseeable or probale

Question 6

What must an accomplice to do “withdraw” from a crime and avoid liability?

Answer 6

Withdrawal must occur before crime becomes unstoppable
* Encouraged crime: accomplice must repudiate encouragement
* Aided crime: do everything to try and neutralize assistance (ex. retrieve materials provided)
* Notify police

Mere withdrawal without further action NOT sufficient