Accomplice Liability

Question 1

At common law, parties to a crime included:

Answer 1

Principals in the first degree

Principals in the second degree

Accessories before the fact

Accessories after the fact:

At common law, conviction of the principal was required for conviction of an accessory, but most jurisdictions have abandoned this requirement.

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

Modern Statutes

Answer 6

Most jurisdictions have abolished the distinctions between principals in the first degree and principals in the second degree or accessories before the fact.

All such “parties to the crime” can be found guilty of the principal offense.

Question 7

Principal

Answer 7

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

Question 8

Accomplice

Answer 8

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

Question 9

Accomplice Mental State Requirement

Answer 9

In order to be convicted of a substantive crime as an accomplice, the 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 10

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

Answer 10

1) intended to facilitate the commission of the crime;

and

(2) acted with recklessness or negligence (whichever is required by the particular crime).

Question 11

ACCOMPLICE SCOPE OF LIABILITY

Answer 11

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.

Question 12

Exclusions from Liability

Answer 12

Members of the Protected Class (Members of the class protected by a statute are excluded from accomplice liability.)

Necessary Parties Not Provided For (A party necessary to the commission of a crime, by statutory definition, who is not provided for in the statute is excluded from accomplice liability.)

Withdrawal (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.

Question 13

If the person encouraged the crime, the person must:

Answer 13

repudiate the encouragement.

Question 14

If the person aided by providing assistance to the principal (such as giving materials), the person must:

Answer 14

Do everything possible to attempt to neutralize the assistance (such as attempting to retrieve the materials).

Question 15

Withdrawal - Notifying Police

Answer 15

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.