Accomplice Liability

Question 1

Principal

Answer 1

A principal is one who commits the actual crime.

Question 2

Accomplice

Answer 2

An accomplice is one who aids, abets, assists, or encourages the carrying out of a crime, but does not commit the actual crime.

1. The accomplice is liable for the crime he assisted or encouraged if the principal carried out the crime.
2. Mere knowledge is insufficient to establish the intent to aid or encourage in the crime.
3. Additional crimes: Accomplices are liable for additional crimes committed by the principal in the course of committing the intended crime, so long as the crimes were a natural and probable consequence (foreseeable).

Question 3

Accessory after the fact

Answer 3

is an accomplice who knowingly gives assistance to a felon, for the purpose of helping him avoid apprehension following commission of a crime. Modernly, an accessory after the fact is charged with obstruction of justice.

Question 4

Exclusions from liability

Answer 4

Members of the class protected by statute are excluded from accomplice liability. Also, a party necessary to the commission of a crime, by statutory definition, who is not provided for in the statute is excluded from accomplice liability.

Question 5

Scope of Accomplice LIability

Answer 5

Accomplice liable for:

1. The crime that he committed or aided, abetted, or counseled; and
2. All the other crimes committed in the course of committing the crime contemplated, so long as the other crimes were probable and foreseeable.

Question 6

Accomplice Defenses-Withdrawal

Answer 6

An accomplice can withdraw before the crime is committed, but must do so before it becomes unstoppable. Must do so by repudiating involvement and retracting assistance/materials or give timely notice to the police or appropriate authorities.