Accomplice Liability

Question 1

Principal in the 1st degree (P1)

Answer 1

Criminal actor

Question 2

Principal in Second Degree (P2)

Answer 2

Present during crime and performs an act like advising or inciting or shares the perp criminal intent

Question 3

Can you convict someone as P2 with mere presence and flight?

Answer 3

No

Question 4

Accessory before the fact (ABF)

Answer 4

orders, counsels, encourages, aids and abets another to commit an offense but is not present for crime

Question 5

When are P2 and ABF indicted/tried/convicted/punished as if a P1?

Answer 5

Felony cases

Question 6

Can you convict a P2 or ABF without a conviction of P1?

Answer 6

Yes but must show P1 committed the crime

Question 7

Accessory after the fact (AAF)

Answer 7

Knows an offense was committed and assists felon in escaping justice

Question 8

Is anyone excluded from AAF liability?

Answer 8

Close family members

Question 9

If no single piece of evidence can be used to tie ABF to a killing, can they not be convicted?

Answer 9

They can under totality of the circumstances with circumstantial evidence

Question 10

How can someone withdraw from liability of a crime?

Answer 10

They must show the other parties by words or actions that they disapprove or oppose the commission of the crime and must try to prevent its consummation

Question 11

Does ABF have to be tried with P1 or separately?

Answer 11

Can be either