Accomplice Liability

Question 0

Accomplice - Actus Reus

Answer 0

Slight assistance or encouragement enough
Words sufficient if they encourage or assisted

MPC - attempt to aid or encourage without actual aid is sufficient
however
Mere presence is not enough/

Question 1

Accomplice - Defined

Answer 1

gives assistance and encouragement
fails to act where a legal duty to oppose crime exists (actus reus),
and
purposefully intends to effectuate commission of a crime (mens rea)

Question 2

Accomplice - Mens rea - Common Law, Minority View, MPC

Answer 2

CL - intend to commit acts of assistance or encouragement and
intend to encourage or assist another to commit the crime charged.

Minority - knowing assistance or encouragement of a crime

Question 3

Scope of Accomplice Liability

Answer 3

Responsible for crime assisted and crimes that are the natural or probable consequences of the crime assisted or encouraged.

MPC limits liability to only the crime assisted.

Question 4

Abandonment or Withdrawal - Accomplice liability

Answer 4

1. Must give no further assistance or encouragement
2. communicate withdrawal to accomplices
3. Make efforts to neutralize prior assistance but not necessarily thwart crime (Minority View)

Will allow D to sever liability for future crimes

Question 5

Accomplice - Principal in the First Degree

Answer 5

Actual perpetrator who performs the criminal act.

Can be more than one person

Question 6

Accomplice - Principal in the Second Degree

Answer 6

Present at the scene of the felony
Aids, abets, or encourages the commission of the crime
Possesses requisite intent

punished to the same extent as the perpetrator

Question 7

Accessory before the fact

Answer 7

aids, abets, or encourages the commission of a felony
Not present at the scene

punished the same as a principal for crimes in the scope of conspiracy.

May be convicted even if Principal is not convicted (majority view)

Common Law view - Principal must be convicted for accessory to be convicted.

Question 8

Accessory after the fact

Answer 8

1. Felony has been committed
2. Accessory knew of the commission; and
3. personal aid hindering apprehension, conviction, or punishment.

AAF is not punished as accomplice and not to the same extent as the parties to the felony.

Modern statutes view AAF crime as obstruction of justice - not held vicariously liable for the underlying felony.

Question 9

Minority Rule - Provider of Goods

Answer 9

Accomplice liability where the provider of goods or services has knowledge he is assisting in the commission of a crime and benefits from the transaction.

Ie. Seller knows buyer intends to commit arson, sells him an explosive device.