Accomplice Liability

Question 1

What is accomplice liability

Answer 1

When a person who is not the actual perpetrator of a crime is held accountable as if he wa

Question 2

What are the two levels of principals

Answer 2

1st degree

2nd degree

Question 3

What are first degree principals

Answer 3

the actual peppetrator

Question 4

What is the innocent instrumentality doctrine

Answer 4

if someone uses an innocent person (say a child) to commit the crime, then that person is held as the principal in the 1st even if they weren’t at the scene

Question 5

What is principal in the second degree

Answer 5

actually or constructively present at the scene of the crime and intentionally assists principals in the first degree

Question 6

What are accessories before the fact

Answer 6

intentionally assists the perp before the crime is committed but isn’t present during the crime

Question 7

What are accessories after the fact

Answer 7

knowingly assists a suspect avoid arrest, apprehension, trial or conviction. After the fact is not an offense of its own (i.e. hindering apprehension or arrest)

Question 8

What is the actus reus of accomplice liability in CL

Answer 8

aiding and abetting, soliciting, encouraging, failing to prevent (if there is a duty to intervene)

Question 9

What is the MR of accomplice liability in CL

Answer 9

Intent to provide assistance (aid) to principal in the 1st degree
Accomplice acted (or failed to act if there was a legal duty) with the level of culpability required to establish the offense "aided"

Question 10

What do you charge the accomplice with

Answer 10

You charge them with the crime itself. not a crime of being an accomplice

Question 11

Explain how accomplice liability is derivative liability

Answer 11

Whatever crime the principal commits, the accomplice is charged as if he committed the crime too so long as the offenses were the natural and probable consequences of the oridinal offences

Question 12

Can mere presence be enough for accomplice liability

Answer 12

No. The presence has to be for the purpose of facilitating the crime, but the assistance need only to be trivial

Question 13

What is the actus reus for accomplice liability in MPC

Answer 13

aid (or agree to aid or attempt to aid); solicit; fail t prevent (if there is a duty to intervene). Mere presence is never enough but assistance need only be trivial

Question 14

What is the mens rea in accomplice liability in MPC

Answer 14

Purpose to promote or facilitate the offense AND accomplice acted (or omitted to act) with the level of culpability required for the prohibited result

Question 15

What is the MPC approach 2.06

Answer 15

Innocent instrumentality doctrine is retained but NOT characterized as accomplice liability
Expands the scope of AR
Modifies the “acquittal rule”
Does not expressly include “encourage” but “encouragement” could be aiding or attempting to aid

Question 16

IN CL what is the general rule when accomplice can be convicted

Answer 16

only after principal in the 1st degree has been convicted

Question 17

What is the CL rule of abandonment of accomplice liability

Answer 17

Can abandon the crime, but must: neutralize the effectiveness of the crime and notify law enforcement in a timely manner so they may intervene and prevent the crime

Question 18

What is the MPC rule of convicting accomplice liability

Answer 18

Conviction of principal in the 1st degree is NOT a pre-requisite to accomplice liability as long as the underlying offense is established

Question 19

What is the MPC rule of abandonment of accomplice liability

Answer 19

Can abandon the crime, but must: Neutralize the effectiveness of the offense, notify law enforcement in a timely manner so they may intervene and prevent the offense, make some other effort to prevent the crime

Question 20

What are defenses to liability

Answer 20

• If the principal is acquitted on a justification defense, there was no crime–accomplice cannot be convicted (necessity)
• If the principal is acquitted on an excuse defense, there was a crime. Accomplice can be convicted