Accomplice Liability

Question 1

Accomplice liability

NOTE: NY Distinction

Answer 1

• i) aid OR encourage the principal
• ii) with the intent that the CRIME be committed

NY :

• *Can be an accomplice to negligent.reckless crime
• EXCEPTION: if principal’s crime requires recklessness/negligence –> accomplice need only meet the lower standard
  
  • (ex: guy gives accomplice knife to guard abducted person –> guilty of criminally negligent homicide)

Question 2

Accomplice liability:
Scope

Answer 2

The accomplice is guilty of…

• 1) ALL crimes that he aids or encourages (just as if he did them);
• • 2) ALL other foreseeable crimes committed along w/ the aided crimes

Question 3

What qualifies for criminal liability:

Knowledge of crime?

Mere presence?

VIctim of crime?

Answer 3

None lead to accomplice liability

NY DISTINCTION: Mere knowledge CAN make someone guilty of the (lesser) crime of **“criminal facilitation” **

Question 4

How can an accomplice withdraw to avoid criminal liability?

NOTE: NY Distinction

Answer 4

Depends on how the accomplice assisted the principal…

• Encourager: can withdraw simply by repudiating the encouragement BEFORE the crime is committed
• Aider: must _EITHER neutralize the assistanc_e OR otherwise prevent the crime from happening (e.g. by calling the cops)

NY: In NY “renunciation” = affirmative defense (burden is on D)

• The accomplice MUST :
  
  • i) voluntarily & completely renounce
  • ii) withdraw prior to commission
  • • iii) make a substantial effort to prevent the commission of the crime

Question 5

Accessory after the fact:

4 elements of accessory after the fact?

(NY Distinction)

Answer 5

MBE: The ∆ must… [CL/MPC]

• 1) help a
  
  • = receives, relieves, assists, comforts
• 2) principal who has committed a felony;
• 3) w/ knowledge that the crime has been committed;
  
  • (must be complete)
• • 4) w/ the i_ntent to help the principal avoid arrest_ or conviction

NY: “hindering prosecution”

• (same elements)

Question 6

Accomplice Liability:

Evidence Required in NY

Answer 6

Must be more than uncorroborated evidence by an accomplice

Exception: police disciplinary hearing

Question 7

Corporations & Agents:

When is corporation (&agent) vicariously criminally liable for agent’s acts?

Answer 7

IF agent is:

• acting w/in scope of employment
• on behalf of the corproation

Question 8

Corporation & Agents:

When are agents of corporation liable of corporation’s criminal acts?

Answer 8

WHEN

• corporation commits regulatory offense
• AND agent stood in “responsible relation to the situation” that led to a public danger