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 REQUIREMENT =
an accomplice must AID or ENCOURAGE the principal

REQUIRED MENTAL STATE =
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

SCOPE OF ACCOMPLICE LIABILITY

For what crimes is an accomplice liable?

Answer 2

SCOPE:
The accomplice is guilty of…
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

WHEN PERSON IS NOT AN ACCOMPLICE

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

NOTE: NY Distinction

Answer 3

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: Intent still rqrd for accomplice liability but 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

WITHDRAWAL

How can an accomplice withdraw to avoid criminal liability?

NOTE: NY Distinction

Answer 4

REQUIRED ACTION FOR WITHDRAW Depend 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 ∆)
ELEMENTS for SATISFYING RENUNCIATION:
The accomplice MUST…
(i) make a substantial effort
(ii) to prevent the commission of the crime

Question 5

ACCESSORY AFTER THE FACT

What are the 3 elements of accessory after the fact?

NOTE: NY Distinction (“hindering prosecution”)

NOTE: Statutory Disctinctions

Answer 5

MENTAL STATE = SPECIFIC INTENT

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”

———STATUTORY DISTINCTIONS: In many jrxs, CL accessory after the fact has been codified into the statutory crimes of “obstruction of justice” or “harboring a fugitive”

Question 6

ENTERPRISE LIABILITY

What offenses can be committed by corporations and their agents?

Answer 6

GENERAL RULE:
When a corp agent engages in criminal conduct, BOTH the corp and agent liable if:
1) Agent acting on behalf of corporation; and
2) acting w/in the scope of his or her office

Public Welfare Offense:
When a corporation commits a regulatory offense involving public welfare of public safety; its agents can also be held criminally liable provided that:
1) Agents stand in RESPONSIBLE RELATION
2) to the situation that created the danger