Accomplice Liability Flashcards
Principal
A principal is one who, with the required mental state, engages in the prohibited conduct or causes the prohibited result.
In other words, the one who did it – allegedly.
Accomplice
An accomplice is one who, with the intent that the crime is committed, aids, counsels, or encourages the principal before or during the commission of the crime.
Other verbs of accomplice liability include solicits, abets, or agrees, depending on the jurisdiction.
Accomplice Liability: Merger
An accomplice is responsible for:
the crimes he counseled.
any other crimes committed in the course of committing the crime contemplated, as long as the other crimes are:
1) probable, or
2) foreseeable.
Merger: Principals and Accomplices
Accomplices are generally treated as if they had actually committed the crime at issue – that is, as if they are principals.
Avoiding Accomplice Liability
An accomplice may avoid liability if:
- he withdraws from the crime before it is actually committed by the principal:
1) wholly derives it of effectiveness in the commission of the crime; OR
2) gives timely warning to law enforcement or makes proper effort to prevent the commission of the crime.
Defenses To Accomplice Liability
1) Mere Presence - committed no act in furtherance of the crime, but was present.
Accomplice Liability: Mens Rea
Case Law describes 2 Components:
1) Intent to assist a principal actor in committing the target act.
2) Intent that the principal actually commit the act.
- Implied from person’s actions (Actus Reus).
Accessory ATF Crimes – Known As:
- Harboring a fugitive
- Aiding escape
- Obstructing justice
Accessory ATF
An accessory after the fact is one who:
- receives, relieves, comforts, or assists another in order to help the offender escape arrest, trial, or conviction.
- knowing that he has committed a felony,
1) must be a felony, and
2) Felony Crime must be completed when the aid is rendered.
Accomplice Liability: Illinois Statute
- Knowing aid.
- Intent to promote or facilitate.
