Accomplice Liability

Question 1

Common law parties to a crime

Answer 1

1) Principals in the first degree
2) Principals in the second degree
3) Accessories before the fact
4) Accessories after the fact

Convictoins of principals required for conviction of an accessory

Question 2

Principals in the first degree

Answer 2

Persons who engage in act that constitutes the crime

Question 3

Principals in the second degree

Answer 3

Persons who aid, advise or encoure and are present

Question 4

Accessories before the fact

Answer 4

Persons who assited or encourage but were not present

Question 5

Accessories after the fact

Answer 5

Persons who, with knowledge the other committed felony, assisted them to escape arrest or punishment

Question 6

Modern Statutes parties

Answer 6

1) The principal: one who actually engages in act or omission with requisite mental state

2) Accomplice: aids, advises, or encourages the principal

3) Accessory after the fact (punishment usually bears no relationship to principal offense)

Question 7

Mental State

Answer 7

Dual intent required:
1) intent to assist the principal in the crime
2) intent that the principal commit the substantive offense

Question 8

Mental State - reckless or negligence crime

Answer 8

When substantive offense has recless or negligence standard as mens rea, most jurisdictions hold that the intent element (of dual intent) is satisfied if the accomplice:
1) intended to facilitate the crime, and
2) acted with recklessness or negligence (whichever required)

Question 9

Mental state: Provision of material

Answer 9

In absence of statute, most courts hold that mere knowledge that a crime will result is not enough for accomplice liability, at least where the aid given is in the form of the sale of ordinary goods at ordinary prices.

Illegal item or high prices? Accomplice liability.

Question 10

Scope of liability

Answer 10

Accomplice reponsible for crimes they did or counseld AND any other criems committed in the course crime, so long as probable or forseeable

Question 11

Withdrawing from crime

Answer 11

If effectivley withdraws before committed, then can’t be held guilty as accompplice.

Must occur before crime becomes unstoppable.

How to withdraw:
1) Must repudiate encouragment
2) must attempt to neutralize any assistance
Notifying police or take other action to prevent crime is also suffienct