Accomplice Liability

Question 1

Parties to a Crime - Common Law

Answer 1

Principals in the first degree
Principals in the second degree
Accessories before the fact
Accessories after the fact

Question 2

Principals in the first degree

Answer 2

persons who actually engaged in the act or omission that constitutes the offense or who caused an innocent agent to do so.

Question 3

Principals in the second degree

Answer 3

persons who aided, advised, or encouraged the principal and were present at the crime

Question 4

Accessories before the fact

Answer 4

persons who assisted or encouraged but were not present

Question 5

Accessories after the fact

Answer 5

persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment.

Question 6

Parties to a Crime - Modern

Answer 6

Principal
Accomplice (includes CL accessory before the fact)
Accessory after the fact

Question 7

Principal

Answer 7

Person who commits the illegal act or who causes an innocent agent to do so

Liability: liable for principal crime

Question 8

Accomplice

Answer 8

Person who aids or encourages principal to commit the illegal conduct

Liability: Liable for principal crime if accomplice intended to aid or encourage crime

Question 9

Accessory after the fact

Answer 9

Person who aids another to escape knowing that he has committed a felony

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

Question 10

Mental State - Dual Intent Required

Answer 10

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.

Question 11

Mental State of Substantive Offense with recklessness or negligence as mens rea

Answer 11

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 by the particular crime).

Question 12

Provision of Material

Answer 12

In the absence of a 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.

Question 13

Scope of Liability

Answer 13

An accomplice is responsible for the crimes they did or counseled and for any other crimes committed int eh course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were probable or foreseeable.

Question 14

Withdrawal

Answer 14

Withdrawal must occur before the crime becomes unstoppable. Mere withdrawal without taking any additional action is not sufficient.

If the person encouraged the crime, the person must repudiate the encouragement

If the person aided by providing assistance to the principal, the person must do everything possible to attempt to neutralize the assistance.

Notifying the police or taking other action to prevent the crime is also sufficient.