Accomplice Liability Flashcards
Parties to a crime at common law
Principals in the first degree: persons who actually engaged in the act or omission that constitutes the offense
Principals in the second degree: aided, advised, or encouraged the principal and were present at the crime
Accessories before the fact: assisted or encouraged but were not present
Accessories after the fact: with knowledge that the other committed a felony, assisted them to escape arrest or punishment
Common law required conviction of the principal for others, but most juris have abandoned this now
Modern statutes - distinction between co-felons
Most jurisdictions have abolished the distinctions - all such parties to the crime can be found guilty of the principal offense
- but accessory after the fact is still treated separately
Principal is one who, with the requisite mental state, actually engages in the act or omission
Accomplice is one who aids, advices, or encourages
Mental state generally
In order to be convicted of a substantive crime as an accomplice, the accomplice must have
- the intent to assist the principal in the commission of a crime, and
- the intent that the principal commit the substantive offense
Mental state when substantive offense is reckless or negligence
When the substantive offense has recklessness or negligence as its mens rea, most jurisdictions would hold that the intent element is satisfied if the accomplice
- intended to facilitate the commission of the crime, and
- acted with recklessness or negligence (whichever one is required)
Mere knowledge of a crime
In the absence of a statute, most courts would 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
However, procuring an illegal item or selling at a higher price because the buyer’s purpose may constitute a sufficient stake in the venture to constitute intent
Scope of liability
An accomplice is responsible for the crimes they did or counseled 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
Withdrawal generally
A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice
Withdraw must occur before the crime becomes unstoppable
A mere withdrawal from involvement without taking any additional action is not sufficient
Withdrawal and person encouraged the crime
If the person encouraged the crime, they must repudiate the encouragement for a withdrawal to be effective
Withdrawal and aided
If the person aided by providing assistance to the principal, the person must do everything possible to attempt to neutralize the assistance
- like grabbing materials
Withdrawal and notifying police
Notifying the police or taking other action to prevent the crime is also sufficient for a withdrawal
