Accomplice Liability Flashcards
Common Law Accomplice Liability
Principals in the First Degree – Persons who actually engaged in the act or omission that constitutes the offense or caused an innocent agent to do so
Principals in the Second Degree – Persons who aided, advised, or encouraged the principal and were present at the crime
Accessories Before the Fact – Persons who assisted or encouraged but were not present at the crime
Accessories After the Fact – Persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment
NOTE: At common law, conviction of the principal was required for conviction of an accessory, but most jurisdictions have abandoned this requirement
Modern Accomplice Liability
Most jurisdictions have abolished the distinction between principals in the first degree, principals in the second degree, and accessories before the fact.
All such parties can be found guilty of the principal offense
For distinction purposes:
Principal – the one, with the requisite mental state, actually engages in the act or omission that causes the criminal result
Accomplice – one who aids or encourages the principal in the commission of the crime charged
Mental State for Accomplice
To be convicted for the substantive crime as an accomplice, the accomplice must have:
1) the intent to assist the principal in the commission of a crime; and
2) the intent that the principal commit the substantive offense
Mental State for Accomplice for Reckless and Negligent Crimes
When the substantive offense has recklessness or criminal negligence as the mental state, most jurisdictions hold that the intent element is satisfied if the accomplice:
1) intended to facilitate the commission of the crime; and
2) acted with recklessness or negligence (whichever is required)
Scope of Accomplice Liability
An accomplice is responsible for the crimes they did, aided, or encouraged AND for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were probable or foreseeable.
Exclusions from Accomplice Liability
Mere Presence – mere presence at the scene of the crime does not make someone an accomplice. The person must have actively aided or encouraged the principal.
Mere Knowledge – mere knowledge of a crime does not make someone an accomplice. The person must intend to aid or encourage the principal.
NOTE: selling goods at a higher price because of the buyer’s purpose may be found to be sufficient stake in the venture to constitute intent to aid
Withdrawal by Accomplice
An accomplice can avoid criminal liability by withdrawing before the crime is committed. Withdrawal must occur before the crime becomes unstoppable.
Encourager – an accomplice who only encouraged the principal may withdraw by simply repudiating the encouragement before the crime is committed.
Aider – An accomplice who aided the principal must either (1) neutralize the assistance or (2) otherwise prevent the crime from happening. (notifying authorities before the crime is committed satisfies)
Necessary Parties
A party necessary to the commission of the crime, by statutory definition, who is not provided for in the statute is excluded from accomplice liability
EX – when a statute makes sale of drugs illegal, but does not provide for punishment of the purchaser, the purchaser cannot be found guilty under the statute as an accomplice to the seller (purchaser is a party necessary to the commission of the crime)
GA Accomplice Liability
In GA, every person “concerned in the commission” of a crime is a party to the cream, and may be charged and convicted of commission of the crime.
A person is “concerned in the commission” of a crime when the person:
1) directly commits it;
2) intentionally causes someone else to commit it under such circumstances that the other person is not guilty either in fact or because or legal incapacity;
3) intentionally aids or abets the crime’s commission; or
4) intentionally advises, encourages, hires, counsels, or procures another to commit a crime
NOTE: mere approval of a criminal act not accounting to encouragement is not sufficient. mere presence at the scene of the crime is not sufficient.
HOWEVER, presence, companionship, and conduct before and after an offense are circumstances from which one’s participation may be inferred.
Accessories After the Fact
To commit the separate common law offense of being an accessory after the fact, a defendant must:
1) help a principal who has committed a felony;
2) with knowledge that the crime has been committed; and
3) with the intent to help the principal avoid arrest or conviction
NOTE: This is when the person is not involved in the planning or preparation of the crime
GA Accessory After the Fact
GA has established by statute the offenses of
– obstructing a law enforcement officer
– hindering apprehension of a criminal
– aiding another in escaping lawful custody
– concealing the death of another person, which hinders discovery of whether such person was unlawfully killed
Enterprise Liability
Common law – a corporation does not have capacity to commit crimes
Modern Statutes – corporations may be held criminally liable. When a corporate agent engages in criminal conduct, the corporation and the agent may be held criminally liable, provided the agent is acting:
1) on behalf of the corporation; and
2) within the scope of their office
Public Welfare Offenses (Enterprise Liability)
When a corporation commits a regulatory offense involving public health or safety, its agents can also be held criminally liable, provided the agents stand in “responsible relation to the situation” that created a public danger
IMPORTANT
GA Enterprise Liability
In GA, corporate criminal liability exists if either
1) the crime is defined by statute that clearly indicates a legislative purpose to impose liability on a corporation, and a corporate agent performs conduct that is an element of the crime while acting within the scope of the agent’s office or employment and on behalf of the corporation; or
2) commission of the crime is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by managerial agent acting within the scope of the agent’s employment on behalf of the corporation.
Agent – a director, officer, servant, employee, or other person who is authorized to act on behalf of the corporation
