Accomplice Liability Flashcards
What elements are required for accomplice liability to attach? NOTE: NY Distinction
1) Act req = an accomplice must aid OR encourage the principal 2) Mental state req = 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 negigence or recklessness crime)
What is the scope of accomplice liability?
The accomplice is guilty of… 1) ALL crimes that he aids or encourages (just as if he did it); AND 2) ALL other foreseeable crimes committed along w/ the aided crimes
When is a person NOT 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”
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”
