Accomplice Liability Flashcards
Who are the parties to a crime under the common law?
principal in the first degree, principal in the second degree, accessory before the fact, accessory after the fact.
Principal in the First Degree
persons who actually engage in the act that constitutes the criminal offense.
Principal in the Second Degree
persons who aid, advise, or encourage the principal and are present at the crime.
Accessory before the Fact
persons who aid, advise, or encourage the principal but who are not present at the crime.
Accessory After the Fact
persons who assist the principal after the crime.
Under modern statutes, what are the parties to a crime?
principals, accomplices, and accessories after the fact.
Does mere cheering make one an accomplice?
No
Under modern statutes, who is an accessory after the fact?
one who receives, comforts or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial or conviction.
For someone to be convicted of a substantive crime as an accomplice, one must have . . .
1) the intent to assist the principal in the commission of the crime; and 2) the intent that the principal commit the crime.
For what crimes is an accomplice to a crime liable?
the crimes she committed or aided/advised/encouraged and for other crimes committed in the course of committing the crime contemplated, as long as the other crimes were probable and foreseeable.
How can an accomplice avoid liability for a crime that she encouraged?
she must repudiate the encouragement.
How can an accomplice avoid liability for a crime that she aided in?
she must do something to neutralize the assistance, such as calling the police or preventing the criminal act.
