Accomplice Liability Flashcards
What is a Principal in the First Degree?
A person who actually commits a crime. This actor is not an accomplice.
What is a Principal in the Second Degree?
A person who aids, supports, counsels, commands, or encourages the perpetrator in committing the crime. This actor is an accomplice.
What is an Accessory Before the Fact?
A person who aids, supports, counsels, commands, or encourages the perpetrator to commit the crime but who is not present during the commission of the crime. This actor is an accomplice.
What is an Accessory After the Fact?
A person who aids an individual knowing the individual has committed a crime in an effort to hinder the individual’s detection, arrest, trial, or punishment. Accessories after the fact are guilty of a separate crime.
What is Accomplice Liability, Generally?
A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.
What are the requirements for Accomplice Liability, Intentional Acts of Accomplice?
An accomplice is liable if they have intent that the criminal act be committed and commits an act that causes, encourages, assists, or induces the principal to commit the offense.
What is Accomplice Liability, Common Criminal Design?
Even without an act of his or her own, an accomplice is liable for the actions of his associates committed in furtherance of a common criminal design.
What is Accomplice Liability, Independent Act?
A person is not liable as an accomplice for an independent act of the principal, that is, an act not in furtherance of the common criminal scheme.
What is the rule for Terminating Accomplice Liability?
A person is not an accomplice if he terminates his complicity prior to the commission of the offense and wholly deprives it of effectiveness or gives timely warning to law enforcement.
Can a person be an accomplice without being a co-conspirator?
Yes, a person can be liable as an accomplice even though not as a co-conspirator.
