Accomplice Liability

Question 1

Accomplice Liability–Definition and Rule

Answer 1

• An accomplice is one who: (1) aids, abets, or facilitates the commission of a crime; AND (2) has dual intent (intent to assist the primary party, and intent that the crime is committed).
• An accomplice is liable for ALL crimes he committed/assisted AND all foreseeable crimes committed by the principal (the person who actually committed the crime). It is irrelevant whether the accomplice actually committed the crime. The accomplice can be convicted, even if the primary actor is acquitted.

HOWEVER: certain limitations exist to accomplice liability.

FIRST: merely being present when a crime is committed (or knowing that a crime might result) will NOT create accomplice liability.

SECOND, a person cannot be convicted if: (a) the person is a member of the class of persons protected by the criminal statute; OR (b) the crime inherently involves several types of participants and the person is not criminally liable under the statute.

THIRD, a minority of jurisdictions DO NOT allow accomplice liability for involuntary manslaughter as a matter of law; although most jurisdictions do allow it.

Question 2

Accomplice Liability–Withdrawl

Answer 2

Withdrawal is a defense to liability and is valid ONLY IF the accomplice withdraws his involvement before the crime becomes unstoppable. Withdrawal can be accomplished by either (a) repudiating the encouragement given; or (b) neutralizing the assistance (if more than encouragement was given).

Question 3

Accessory After the Fact

Answer 3

A person is liable as an accessory after the fact if that person knowingly aids a felon in escape from arrest, trial, conviction, and/or punishment.