Accomplice Liability

Question 1

What are the act AND mental state requirements for an accomplice for accomplice liability to attach?

NOTE: NY Distinction

Answer 1

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 (i.e. you can be an accomplice to a negligence or recklessness crime)

Question 2

For what crimes is an accomplice liable?

Answer 2

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

Question 3

Under what 3 circumstances can a person NOT be an accomplice?

NOTE: NY Distinction

Answer 3

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”

Question 4

How can an accomplice withdraw to avoid criminal liability?

NOTE: NY Distinction

Answer 4

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

Question 5

What are the 3 elements of accessory after the fact? NOTE: NY Distinction

Answer 5

∆ 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”