accomplice liability Flashcards
define an accomplice
one who, with the INTENT that the crime be committed, aids, counsels or encourages the principal before or during commission of the crime
what mens rea is required of an accomplice?
intent to provide assistance, intent required for the target offense
is knowledge enough of a mens rea to be an accomplice?
mere knowledge is NOT enough
is aiding and abetting enough to make someone an accomplice?
aiding and abetting WILL allow for accessory liability
can one be an accomplice if they fail to assist a victim, or encourage criminality?
failure to assist a victim or encouragement of criminality are enough to allow for accessory liability
define a principal in the first degree as related to accomplice liability?
actual perpetrator of the crime
define a principal in the second degree as related to accomplice liability?
one who was present, either actually or constructively, at the scene of the crime assisting the principal in some way
define an accessory before the fact in terms of accomplice liability
though not present at the scene of the offense, one who counseled, advised, or directed commission of the crime
define an accessory after the fact in terms of accomplice liability?
one who, knowing he crime was committed, aided or assisted the felon in escaping capture and prosecution
how to withdraw from accomplice liability under common law, when aid was encouragement?
if aid is encouragement, you have to repudiate it before the crime is complete (voluntary and complete withdrawal)
how to withdraw from accomplice liability under common law, when aid is assistance?
you have to do all you can to neutralize the assistance
how to withdraw from accomplice liability under MPC?
you have to warn law enforcement or make proper effort to thwart
