Accomplice Liability Flashcards
What are the act AND mental state requirements for an accomplice for accomplice liability to attach? NOTE: NY Distinction
Act req = an accomplice must aid OR encourage the principal
Mental state req = accomplice must act with the intent that the CRIME be committed
NY DISTINCTION: In NY, the accomplice need NOT specifically intend that the crime be committed; it is SUFFICIENT that the accomplice intends to aid the principal’s CONDUCT and manifests the required recklessness or negligence for the crime
For what crimes is an accomplice liable?
The accomplice is guilty of…
1) ALL crimes that he aids or encourages (just as if he did them); AND
2) ALL other foreseeable crimes committed along w/ the aided crimes
Under what 3 circumstances can a person NOT be an accomplice? NOTE: NY Distinction
A person is NOT an accomplice IF…
1) he’s merely present at the scene of the crime (he MUST actively aid/encourage the principal)
2) he has mere knowledge of the crime (he must INTEND to aid/encourage the principal)
NY DISTINCTION: Mere knowledge CAN make someone guilty of the (lesser) crime of “criminal facilitation”
3) he’s a victim of the crime (they are a protected class) E.g., minors cannot be convicted of “selling alcohol to minors”
How can an accomplice withdraw to avoid criminal liability? NOTE: NY Distinction
Depends on how the accomplice assisted the principal…
1) Encourager: can withdraw simply by repudiating the encouragement BEFORE the crime is committed
2) Aider: must EITHER neutralize the assistance OR otherwise prevent the crime from happening (e.g. by calling the cops)
NY DISTINCTION: In NY “renunciation” is an affirmative defense (burden is on ∆) The accomplice MUST make a substantial effort to prevent the commission of the crime
What are the 3 elements of accessory after the fact? NOTE: NY Distinction
The ∆ must…
1) help a principal who has committed a felony;
2) w/ knowledge that the crime has been committed; AND
3) w/ the intent to help the principal avoid arrest or conviction
NY DISTINCTION: In NY, CL accessory after the fact has been codified into the statutory crime of “hindering prosecution”
What is enterprise liability?
Both the corporation and the enterprise may be held criminally liable if the agent is acting:
1) on behalf of the corporation
2) w/in the scope of his or her office
When can corporate agents be held criminally liable for “public welfare” offenses?
If the agents stand in “responsible relation to the situation” that created a public danger.
