Accomplice Liability Flashcards
1
Q
Common Law
Accomplice Liability
A
- *OFFENDERS**
- *Principal in 1st Degree**
- person who
- (1) actually engaged in the act or omission that constitutes the offense, or
- (2) caused an innocent agent to do so
Principal in 2nd Degree
- person who
- (1) aided, commanded, or encouraged the principal, and
- (2) was present at the crime
Accessory Before the Fact
- person who
- (1) assisted or encouraged,
- (2) but was not present
Accessory After the Fact
- person who
- (1) with knowledge that the other committed a felony
- (2) assisted him to escape arrest or punishment
LIABILITY
- Accessory couldn’t be convicted unless Principal had already been convicted
- But most Jxds have abandoned this requirement
- Accessory can be convicted even if principal has evaded apprehension or been tried and acquitted
_________________________________________
MODERN STATUTES
- *OFFENDERS**
- *Principal**
- person who
- (1) commits the illegal act, or
- (2) causes an innocent agent to do so
Accomplice
- person who
- (1) aids, counsels, or encourages principal before or during the commission of the crime
- Mere presence at the crime is not enough — there must be some assistance
- Provision of Materials, if seller has “Stake in Venture”
- (2) with the intent
- (a) to assist principal, and
- (b) that principal commit the crime
Accessory After the Fact
- person who
- (1) aids another to escape or avoid apprehension
- (2) knowing that he has committed a felony
LIABILITY
Principal & Accomplice
- Most Jxds have abolished distinctions between
- Principals in 1st vs 2nd Degree or
- Accessories Before the Fact
- All such “parties to the crime”can be found guilty of the principal offense.
Accomplice
- Liable for the original crime and other foreseeable crimes committed by the Principals in its furtherance
- Defenses
- Member of Class Protected by Crim Statute
- minor-victim of statutory rape
- Necessary Parties Not Provided For in Statute
- Drug purchaser not accomplice in sale (if not provided for)
- Member of Class Protected by Crim Statute
Accessory After the Fact
- Liable for Separate, Less Serious Crime
- Accessory After the Fact
- Harboring a Fugitive
- Aiding Escape
- Obstructing Justice
2
Q
Modern Statutes
Accomplice Liability
A
- *OFFENDERS**
- *Principal**
- person who
- (1) commits the illegal act, or
- (2) causes an innocent agent to do so
Accomplice
- person who
- (1) aids, counsels, or encourages principal before or during the commission of the crime
- Mere presence at the crime is not enough — there must be some assistance
- Provision of Materials, if seller has “Stake in Venture”
- (2) with the intent
- (a) to assist principal, and
- (b) that principal commit the crime
Accessory After the Fact
- person who
- (1) aids another to escape or avoid apprehension
- (2) knowing that he has committed a felony
LIABILITY
Principal & Accomplice
- Most Jxds have abolished distinctions between
- Principals in 1st vs 2nd Degree or
- Accessories Before the Fact
- All such “parties to the crime”can be found guilty of the principal offense.
Accomplice
- Liable for the original crime and other foreseeable crimes committed by the Principals in its furtherance
- Defenses
- Member of Class Protected by Crim Statute
- minor-victim of statutory rape
- Necessary Parties Not Provided For in Statute
- Drug purchaser not accomplice in sale (if not provided for)
- Member of Class Protected by Crim Statute
Accessory After the Fact
- Liable for Separate, Less Serious Crime
- Accessory After the Fact
- Harboring a Fugitive
- Aiding Escape
- Obstructing Justice
_________________________________________
Common Law
- *OFFENDERS**
- *Principal in 1st Degree**
- person who
- (1) actually engaged in the act or omission that constitutes the offense, or
- (2) caused an innocent agent to do so
Principal in 2nd Degree
- person who
- (1) aided, commanded, or encouraged the principal, and
- (2) was present at the crime
Accessory Before the Fact
- person who
- (1) assisted or encouraged,
- (2) but was not present
Accessory After the Fact
- person who
- (1) with knowledge that the other committed a felony
- (2) assisted him to escape arrest or punishment
LIABILITY
- Accessory couldn’t be convicted unless Principal had already been convicted
- But most Jxds have abandoned this requirement
- Accessory can be convicted even if principal has evaded apprehension or been tried and acquitted
3
Q
Principal in 1st Degree
A
Common Law
- person who
- (1) actually engaged in the act or omission that constitutes the offense, or
- (2) caused an innocent agent to do so
Principal in 2nd Degree
- person who
- (1) aided, commanded, or encouraged the principal, and
- (2) was present at the crime
Accessory Before the Fact
- person who
- (1) assisted or encouraged,
- (2) but was not present
Accessory After the Fact
- person who
- (1) with knowledge that the other committed a felony
- (2) assisted him to escape arrest or punishment
LIABILITY
- Accessory couldn’t be convicted unless Principal had already been convicted
- But most Jxds have abandoned this requirement
- Accessory can be convicted even if principal has evaded apprehension or been tried and acquitted
_________________________________________
MODERN STATUTES
- *OFFENDERS**
- *Principal**
- person who
- (1) commits the illegal act, or
- (2) causes an innocent agent to do so
Accomplice
- person who
- (1) aids, counsels, or encourages principal before or during the commission of the crime
- Mere presence at the crime is not enough — there must be some assistance
- Provision of Materials, if seller has “Stake in Venture”
- (2) with the intent
- (a) to assist principal, and
- (b) that principal commit the crime
Accessory After the Fact
- person who
- (1) aids another to escape or avoid apprehension
- (2) knowing that he has committed a felony
LIABILITY
Principal & Accomplice
- Most Jxds have abolished distinctions between
- Principals in 1st vs 2nd Degree or
- Accessories Before the Fact
- All such “parties to the crime”can be found guilty of the principal offense.
Accomplice
- Liable for the original crime and other foreseeable crimes committed by the Principals in its furtherance
- Defenses
- Member of Class Protected by Crim Statute
- minor-victim of statutory rape
- Necessary Parties Not Provided For in Statute
- Drug purchaser not accomplice in sale (if not provided for)
- Member of Class Protected by Crim Statute
Accessory After the Fact
- Liable for Separate, Less Serious Crime
- Accessory After the Fact
- Harboring a Fugitive
- Aiding Escape
- Obstructing Justice
4
Q
Principal in 2nd Degree
A
Common Law
Principal in 2nd Degree
- person who
- (1) aided, commanded, or encouraged the principal, and
- (2) was present at the crime
Principal in 1st Degree
- person who
- (1) actually engaged in the act or omission that constitutes the offense, or
- (2) caused an innocent agent to do so
Accessory Before the Fact
- person who
- (1) assisted or encouraged,
- (2) but was not present
Accessory After the Fact
- person who
- (1) with knowledge that the other committed a felony
- (2) assisted him to escape arrest or punishment
LIABILITY
- Accessory couldn’t be convicted unless Principal had already been convicted
- But most Jxds have abandoned this requirement
- Accessory can be convicted even if principal has evaded apprehension or been tried and acquitted
_________________________________________
MODERN STATUTES
- *OFFENDERS**
- *Principal**
- person who
- (1) commits the illegal act, or
- (2) causes an innocent agent to do so
Accomplice
- person who
- (1) aids, counsels, or encourages principal before or during the commission of the crime
- Mere presence at the crime is not enough — there must be some assistance
- Provision of Materials, if seller has “Stake in Venture”
- (2) with the intent
- (a) to assist principal, and
- (b) that principal commit the crime
Accessory After the Fact
- person who
- (1) aids another to escape or avoid apprehension
- (2) knowing that he has committed a felony
LIABILITY
Principal & Accomplice
- Most Jxds have abolished distinctions between
- Principals in 1st vs 2nd Degree or
- Accessories Before the Fact
- All such “parties to the crime”can be found guilty of the principal offense.
Accomplice
- Liable for the original crime and other foreseeable crimes committed by the Principals in its furtherance
- Defenses
- Member of Class Protected by Crim Statute
- minor-victim of statutory rape
- Necessary Parties Not Provided For in Statute
- Drug purchaser not accomplice in sale (if not provided for)
- Member of Class Protected by Crim Statute
Accessory After the Fact
- Liable for Separate, Less Serious Crime
- Accessory After the Fact
- Harboring a Fugitive
- Aiding Escape
- Obstructing Justice
5
Q
Two Types of Accessories
at Common Law
A
Accessory Before the Fact
- person who
- (1) assisted or encouraged,
- (2) but was not present
Accessory After the Fact
- person who
- (1) with knowledge that the other committed a felony
- (2) assisted him in escaping or avoiding apprehension
LIABILITY
- Accessory couldn’t be convicted unless Principal had already been convicted
- But most Jxds have abandoned this requirement
- Accessory can be convicted even if principal has evaded apprehension or been tried and acquitted
Principal in 1st Degree
- person who
- (1) actually engaged in the act or omission that constitutes the offense, or
- (2) caused an innocent agent to do so
Principal in 2nd Degree
- person who
- (1) aided, commanded, or encouraged the principal, and
- (2) was present at the crime
_________________________________________
MODERN STATUTES
- *OFFENDERS**
- *Principal**
- person who
- (1) commits the illegal act, or
- (2) causes an innocent agent to do so
Accomplice
- person who
- (1) aids, counsels, or encourages principal before or during the commission of the crime
- Mere presence at the crime is not enough — there must be some assistance
- Provision of Materials, if seller has “Stake in Venture”
- (2) with the intent
- (a) to assist principal, and
- (b) that principal commit the crime
Accessory After the Fact
- person who
- (1) aids another to escape or avoid apprehension
- (2) knowing that he has committed a felony
LIABILITY
Principal & Accomplice
- Most Jxds have abolished distinctions between
- Principals in 1st vs 2nd Degree or
- Accessories Before the Fact
- All such “parties to the crime”can be found guilty of the principal offense.
Accomplice
- Liable for the original crime and other foreseeable crimes committed by the Principals in its furtherance
- Defenses
- Member of Class Protected by Crim Statute
- minor-victim of statutory rape
- Necessary Parties Not Provided For in Statute
- Drug purchaser not accomplice in sale (if not provided for)
- Member of Class Protected by Crim Statute
Accessory After the Fact
- Liable for Separate, Less Serious Crime
- Accessory After the Fact
- Harboring a Fugitive
- Aiding Escape
- Obstructing Justice
6
Q
At Common Law,
Accessory couldn’t be convicted unless _____
A
unless Principal had already been convicted
- But most Jxds have abandoned this requirement
- Accessory can be convicted even if principal has evaded apprehension or been tried and acquitted
- *OFFENDERS**
- *Principal in 1st Degree**
- person who
- (1) actually engaged in the act or omission that constitutes the offense, or
- (2) caused an innocent agent to do so
Principal in 2nd Degree
- person who
- (1) aided, commanded, or encouraged the principal, and
- (2) was present at the crime
Accessory Before the Fact
- person who
- (1) assisted or encouraged,
- (2) but was not present
Accessory After the Fact
- person who
- (1) with knowledge that the other committed a felony
- (2) assisted him to escape arrest or punishment
_________________________________________
MODERN STATUTES
- *OFFENDERS**
- *Principal**
- person who
- (1) commits the illegal act, or
- (2) causes an innocent agent to do so
Accomplice
- person who
- (1) aids, counsels, or encourages principal before or during the commission of the crime
- Mere presence at the crime is not enough — there must be some assistance
- Provision of Materials, if seller has “Stake in Venture”
- (2) with the intent
- (a) to assist principal, and
- (b) that principal commit the crime
Accessory After the Fact
- person who
- (1) aids another to escape or avoid apprehension
- (2) knowing that he has committed a felony
LIABILITY
Principal & Accomplice
- Most Jxds have abolished distinctions between
- Principals in 1st vs 2nd Degree or
- Accessories Before the Fact
- All such “parties to the crime”can be found guilty of the principal offense.
Accomplice
- Liable for the original crime and other foreseeable crimes committed by the Principals in its furtherance
- Defenses
- Member of Class Protected by Crim Statute
- minor-victim of statutory rape
- Necessary Parties Not Provided For in Statute
- Drug purchaser not accomplice in sale (if not provided for)
- Member of Class Protected by Crim Statute
Accessory After the Fact
- Liable for Separate, Less Serious Crime
- Accessory After the Fact
- Harboring a Fugitive
- Aiding Escape
- Obstructing Justice
7
Q
Modern (Maj) Statutes,
(a) have abolished distinctions between ____ and ____
(b) Three Categories are now ____
A
- (a) between:
- Principals in 1st vs 2nd Degree or
- Accessories Before the Fact
- All such “parties to the crime”can be found guilty of the principal offense.
- (b) Now
- (1) Parties to Crime Guilty of Principal Offense
- Principal
- Accomplice
- but see defenses
- (2) Accesory After the Fact
- guilty of distinct less serious offense
- (1) Parties to Crime Guilty of Principal Offense
- *OFFENDERS**
- *Principal**
- person who
- (1) commits the illegal act, or
- (2) causes an innocent agent to do so
Accomplice
- person who
- (1) aids, counsels, or encourages principal before or during the commission of the crime
- Mere presence at the crime is not enough — there must be some assistance
- Provision of Materials, if seller has “Stake in Venture”
- (2) with the intent
- (a) to assist principal, and
- (b) that principal commit the crime
Accessory After the Fact
- person who
- (1) aids another to escape or avoid apprehension
- (2) knowing that he has committed a felony
LIABILITY
Accomplice Defenses
- Liable for the original crime and other foreseeable crimes committed by the Principals in its furtherance
- Defenses
- Member of Class Protected by Crim Statute
- minor-victim of statutory rape
- Necessary Parties Not Provided For in Statute
- Drug purchaser not accomplice in sale (if not provided for)
- Member of Class Protected by Crim Statute
Accessory After the Fact
- Liable for Separate, Less Serious Crime
- Accessory After the Fact
- Harboring a Fugitive
- Aiding Escape
- Obstructing Justice
_________________________________________
Common Law
- *OFFENDERS**
- *Principal in 1st Degree**
- person who
- (1) actually engaged in the act or omission that constitutes the offense, or
- (2) caused an innocent agent to do so
Principal in 2nd Degree
- person who
- (1) aided, commanded, or encouraged the principal, and
- (2) was present at the crime
Accessory Before the Fact
- person who
- (1) assisted or encouraged,
- (2) but was not present
Accessory After the Fact
- person who
- (1) with knowledge that the other committed a felony
- (2) assisted him to escape arrest or punishment
LIABILITY
- Accessory couldn’t be convicted unless Principal had already been convicted
- But most Jxds have abandoned this requirement
- Accessory can be convicted even if principal has evaded apprehension or been tried and acquitted
8
Q
Acessory After the Fact
A
Same Def for CL and Modern Statutes
person who
- (1) with knowledge that the other committed a felony
- (2) assisted him to escape or avoid apprehension
- *OFFENDERS**
- *Principal in 1st Degree**
- person who
- (1) actually engaged in the act or omission that constitutes the offense, or
- (2) caused an innocent agent to do so
Principal in 2nd Degree
- person who
- (1) aided, commanded, or encouraged the principal, and
- (2) was present at the crime
Accessory Before the Fact
- person who
- (1) assisted or encouraged,
- (2) but was not present
LIABILITY
- Accessory couldn’t be convicted unless Principal had already been convicted
- But most Jxds have abandoned this requirement
- Accessory can be convicted even if principal has evaded apprehension or been tried and acquitted
_________________________________________
MODERN STATUTES
- *OFFENDERS**
- *Principal**
- person who
- (1) commits the illegal act, or
- (2) causes an innocent agent to do so
Accomplice
- person who
- (1) aids, counsels, or encourages principal before or during the commission of the crime
- Mere presence at the crime is not enough — there must be some assistance
- Provision of Materials, if seller has “Stake in Venture”
- (2) with the intent
- (a) to assist principal, and
- (b) that principal commit the crime
Accessory After the Fact
- person who
- (1) aids another to escape or avoid apprehension
- (2) knowing that he has committed a felony
LIABILITY
Principal & Accomplice
- Most Jxds have abolished distinctions between
- Principals in 1st vs 2nd Degree or
- Accessories Before the Fact
- All such “parties to the crime”can be found guilty of the principal offense.
Accomplice
- Liable for the original crime and other foreseeable crimes committed by the Principals in its furtherance
- Defenses
- Member of Class Protected by Crim Statute
- minor-victim of statutory rape
- Necessary Parties Not Provided For in Statute
- Drug purchaser not accomplice in sale (if not provided for)
- Member of Class Protected by Crim Statute
Accessory After the Fact
- Liable for Separate, Less Serious Crime
- Accessory After the Fact
- Harboring a Fugitive
- Aiding Escape
- Obstructing Justice
9
Q
Significance of
CL Accomplice Distinctions
A
Important for Procedural reasons
- An accessory could not be convicted unless the principal had already been convicted, although both could be convicted in a joint trial if the jury determined the principal’s guilt first.
- Most modern Jxds have abandoned this requirement, and an accessory can be convicted even if the principal has evaded apprehension or has been tried and acquitted.
- *OFFENDERS**
- *Principal in 1st Degree**
- person who
- (1) actually engaged in the act or omission that constitutes the offense, or
- (2) caused an innocent agent to do so
Principal in 2nd Degree
- person who
- (1) aided, commanded, or encouraged the principal, and
- (2) was present at the crime
Accessory Before the Fact
- person who
- (1) assisted or encouraged,
- (2) but was not present
Accessory After the Fact
- person who
- (1) with knowledge that the other committed a felony
- (2) assisted him to escape arrest or punishment
LIABILITY
- Accessory couldn’t be convicted unless Principal had already been convicted
- But most Jxds have abandoned this requirement
- Accessory can be convicted even if principal has evaded apprehension or been tried and acquitted
_________________________________________
MODERN STATUTES
- *OFFENDERS**
- *Principal**
- person who
- (1) commits the illegal act, or
- (2) causes an innocent agent to do so
Accomplice
- person who
- (1) aids, counsels, or encourages principal before or during the commission of the crime
- Mere presence at the crime is not enough — there must be some assistance
- Provision of Materials, if seller has “Stake in Venture”
- (2) with the intent
- (a) to assist principal, and
- (b) that principal commit the crime
Accessory After the Fact
- person who
- (1) aids another to escape or avoid apprehension
- (2) knowing that he has committed a felony
LIABILITY
Principal & Accomplice
- Most Jxds have abolished distinctions between
- Principals in 1st vs 2nd Degree or
- Accessories Before the Fact
- All such “parties to the crime”can be found guilty of the principal offense.
Accomplice
- Liable for the original crime and other foreseeable crimes committed by the Principals in its furtherance
- Defenses
- Member of Class Protected by Crim Statute
- minor-victim of statutory rape
- Necessary Parties Not Provided For in Statute
- Drug purchaser not accomplice in sale (if not provided for)
- Member of Class Protected by Crim Statute
Accessory After the Fact
- Liable for Separate, Less Serious Crime
- Accessory After the Fact
- Harboring a Fugitive
- Aiding Escape
- Obstructing Justice
10
Q
Accomplice
Mental State
A
Dual Intent Requirement
In order to be convicted of a substantive crime as an accomplice, the accomplice must have the
- (1) intent to assist the principal in the commission of a crime; and
- (2) intent that the principal commit the substantive offense
When the substantive offense has (a) recklessness or (b) negligence as its mens rea — most Jxds hold that the intent element is satisfied if the accomplice
- (1) intended to facilitate the commission of the crime; and
- (2) acted with recklessness or negligence
- whichever is required by the particular crime
Provision of Material
- In the absence of a statute, most courts hold that mere knowledge that a crime will result is not enough — at least where the aid given is in the form of the sale of ordinary goods at ordinary prices
- Ex — gas station attendant will not be liable for arson for knowingly selling a gallon of gasoline to an arsonist
- But — “Stake in the Venture”
- Procuring an illegal item or selling at a higher price because of the buyer’s purpose may constitute a sufficient “stake in the venture” to constitute intent.
- Ex — charging arsonist $100 for gallon of gas
11
Q
Accomplice
Provision of Materials
A
- In the absence of a statute, most courts hold that mere knowledge that a crime will result is not enough — at least where the aid given is in the form of the sale of ordinary goods at ordinary prices
- Ex — gas station attendant will not be liable for arson for knowingly selling a gallon of gasoline to an arsonist
- But — “Stake in the Venture”
- Procuring an illegal item or selling at a higher price because of the buyer’s purpose may constitute a sufficient “stake in the venture” to constitute intent.
- Ex — charging arsonist $100 for gallon of gas
________________________________________
Dual Intent Requirement
In order to be convicted of a substantive crime as an accomplice, the accomplice must have the
- (1) intent to assist the principal in the commission of a crime; and
- (2) intent that the principal commit the substantive offense
When the substantive offense has (a) recklessness or (b) negligence as its mens rea — most Jxds hold that the intent element is satisfied if the accomplice
- (1) intended to facilitate the commission of the crime; and
- (2) acted with recklessness or negligence
- whichever is required by the particular crime
12
Q
Defenses to
Acoomplice Liability
A
An accomplice is responsible for the crimes he did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were Probable or Foreseeable.
1. Inability to Be Principal No Bar to Accomplice Liability
- One who may not be convicted of being a principal may be convicted of being an accomplice
- Ex — Rape — at CL a woman cannot be convicted of being the principal in a rape — but can be found guilty as an accomplice if she aids the principal.
- *2. Exclusions from Liability**
a. Accomplice is
(1) Member of Protected Class - Members of the class protected by a statute are excluded from accomplice liability
- Ex — Mann Act — a woman transported across state lines cannot be an accomplice to the crime of transporting women across state lines for immoral purposes, since she is within the class protected.
- Ex — Statutory Rape — minor-victims in statutory rape cases
(2) Necessary Party Not Provided For in Statute
- 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.
- Ex — Buyer in Sale of Drug Crime
- if statute makes sale of heroin illegal, but does not provide for punishment of the purchaser — purchaser cannot be found guilty under statute as an accomplice to seller
b. Withdrawal
A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice. Withdrawal must occur before the crime becomes unstoppable. Mere withdrawal from involvement without taking any additional action is not sufficient
- (1) Repudiation — is sufficient withdrawal for mere encouragement.
- (2) Attempt to Neutralize Assistance — is required if participation went beyond mere encouragement.
- (3) Notifying Police or Taking Other Action to Prevent the Crime — is sufficient..
