Accomplice Liability

Question 1

Modern Statutes: Parties to a Crime

Answer 1

Principal is the one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result

Accomplice is the one who aids, advises, or encourages the principal in the commission of the crime charged

Question 2

What is an accessory after the fact?

Answer 2

One who assists another knowing that they have committed a felony in order to help them escape

Question 3

Dual Intent Required Under Accomplice Liability

Answer 3

Generally:

1. the intent to assist eh principal and
2. The intent that the principal commit the substantive offense

If a reckless or negligence mens rea:

1. intended to facilitate the commission of the crime and
2. Acted with recklessness or negligence

Question 4

Scope of Liability under Accomplice Liability

Answer 4

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, so long as the other crimes were probable or foreseeable

Question 5

Accomplice Liability Exclusions

Answer 5

1. Members of the protected class from the statute
2. Necessary parties not provided for
3. Withdrawal

Question 6

Withdrawal under Accomplice Liability

Answer 6

A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice. Withdrawal must occur BEFORE the crime becomes unstoppable.

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

If the person aided 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. A mere withdrawal from involvement without taking any additional action is NOT sufficient.