Accomplice Liability

Question 1

Common law accomplice liability

Answer 1

• accomplice liability: derivative liability when more than one person assists, instructs, encourages or counsels another in committing a crime
• complicity: liability for another person’s conduct, can extend to probable or foreseeable consequences of crime you intent to assist with

Question 2

Common Law categories of accomplice liability

Answer 2

• Principal in the first degree (physically commits offense)
• Principal in the second degree (present at scene to help)
• Accessory before the fact (not present at scene but aids, counsels, instructs, or encourages)
• Accessory after the fact (not at scene but assists criminal in avoiding arrest, trial, conviction or punishment)

Question 3

Common law: actus reus for accomplice liability

Answer 3

• physical conduct: providing instrument, get away car
• psychological influence: inciting, soliciting, encouraging
• failure to prevent: if you have legal duty and fail to stop crime (parent, police officer)

Question 4

Solicitation

Answer 4

• separate criminal offense and
• one way to establish a person’s accomplice liability for commission of the substantive offense if that offense is committed subsequently by the person solicited
• MPC: a crime with respect to any target crime
• MINORITY: only an offense of specific crimes, murder, prostitution, serious felonies

Question 5

Common law mens rea for accomplice liability

Answer 5

1) intent to assist the principal in committing an act, and
2) intent that the principal actually commit the requisite crime, and additional crimes are foreseeable consequences of first crime
- majority of jurisdictions hold that purpose is required, some lower requirement to knowledge

Question 6

Alternate rule for complicity mental states

Answer 6

• intentionally assist or encourage the principal and

- mental state required from the crime assisted or encouraged

Question 7

MPC accomplice liability

Answer 7

A person is an accomplice if:

1) with the purpose of promoting or facilitating the commission of the offense, he
i. solicits such other person to commit it, or
ii. aids or agrees or attempts to aid such other person in planning or committing it, or
iii. having a legal duty to prevent the commission of the offense, fails to make proper effort to do, or
2) his conduct is expressly declared by law to establish his complicity

Question 8

MPC summary

Answer 8

a person is an accomplice when he:

1) acts with purpose of promoting or facilitating the commission of the offense (mens rea)
2) solicits, aids, agrees, does not stop crime when he has legal duty to stop crime (acts reus)

Question 9

Common law withdrawal

Answer 9

• complete and
• voluntary withdrawal of support and
• some attempt to neutralize or thwart crime, including notifying authorities
  beforehand

Question 10

MPC withdrawal

Answer 10

No longer liable if:

1) he terminates his complicity prior to the commission of the
i. wholly deprives it of effectiveness in the commission of the offense, or (undo the help provided)
ii. gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense