Accomplice Liability

Question 1

CL parties to crime

Answer 1

1. Principal (1st): engaged in act/ommission of offense / caused innocent agent to do it.
2. Principal (2) aided, advised, or encouraged the principal + present
3. Accessories BEFORE fact: assisted/encouraged but NOT present.
4. Accessories AFTER fact: w/knowledge of commited felony, assisted them to escape.

*Mere presence not enough. Must do more.

Question 2

Modern statutes parties to crime

Answer 2

1. Principal:

Commits act / omission or causes innocent to.

Liable for principal crime.

2. Accomplice (includescommon law accessory before the fact):

aids or encourages principal to conduct.

Liable for principal crime if accomplice intended to aid / encourage.

3. Accessory After the Fact:

aids another to escope knowing that the has committed felony.

Liable for separate, less serious crime of being an accessory after the fact.

Question 3

Mental state of accomplice.

Answer 3

1. Intent to assist the principal.
2. Intent that principal committed substantive offense.

(if substantive is reckless or negligent, then intent satisfied if (1) inteded to faciliate the crime and (2) acted w/ recklessness or negligence).

Question 4

Is mere knowledge of a crime sufficient for accomplice liability?

Answer 4

Most say that MERE knowledge is insufficient, at least in situation where aid is sale of goods at ordinary price. BUT (1) procuring illegal item or (2) selling at higher price b/c of principal purpose is sufficient.

Question 5

Scope of accomplice liability.

Answer 5

Liable for crimes they did / counseled AND the other crimes committed in course of original crime if others were probable or foreseeeable.

Question 6

Exclusions from Accomplice liability

Answer 6

1. Members of protective class in statute (women transported across state lines for immoral purposes.
2. Necessary Parties Not Provided for (state makes sell of heroin illegal = to sell need buyer, but statute doesn’t make buyer liable).
3. Withdraw: BEFORE crime becmes unstoppable. +

• If encouraged, then repudiate encouragement.
• If aided by providing assistance, then must attempt to neutralize assistance (take materials they gave back).
• OR notify the police or take other action to prevent crime is sufficient. MERE withdrawal from inolvement w/out additional action NOT enough.