Accomplice Liability

Question 1

Under the modern approach, who may be liable under the theory of accomplice liability for the principal’s crime?

Answer 1

All parties to the crime:

1. principal
2. accomplice (this includes accessory before the act), if he INTENDED to aid or encourage crime

NOT –> accessory after the act

Question 2

What is a principal?

What is their liability?

Answer 2

“principal” = person who commits illegal act OR who causes an innocent agent to do so

Liable for principal crime

Question 3

What is an accomplice?

What is the scope of their liability

Answer 3

“accomplice” = person who AIDS or ENCOURAGES principal to commit the illegal conduct

1. Liable for principal crime IF he INTENDED to AID or ENCOURAGE crime
2. liable for all other crimes committed in the course of committing the crime to same extent as principal, as long as those crimes were PROBABLE or FORESEEABLE

Question 4

What is an accessory after the fact?

What is their liability?

Answer 4

“Accessory after the fact” = person who aids another escape KNOWING that he has committed a FELONY

Liable for separate, less serious crime of being an accessory after the fact

Question 5

What is the “dual intent requirement” of an accomplice in order to give them liability for the principal’s crime?

Answer 5

They must have:

1. the INTENT to assist principal; AND
2. the INTENT that principal commit the offense

NOTE –> if offense has negligence or recklessness as mens Rea, most jdxns will find intent satisfied if accomplice:

1. INTENDED to facilitate commission of crime; AND
2. acted with RECKLESSNESS OR NEGLIGENCE (whichever is required by underlying crime

Question 6

Is the inability to be a principal a bar to accomplice liability?

Answer 6

NO.

Example –> at common law, a woman cannot be convicted of rape, but can be found guilty as an accomplice to rape.

Question 7

In general, what are the three exclusions from accomplice liability?

Answer 7

1. members of the protected class
2. necessary party not provided for
3. withdrawal

Question 8

What is the rule re: members of the protected class and accomplice liability?

Answer 8

Members of the protected class are excluded from accomplice liability.

Example –> woman transported across state lines cannot be an accomplice to crime transporting woman across state lines bc she is within class protected.

Question 9

What is the rule re: “necessary parties not provided for” and accomplice liability?

Answer 9

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.

Example –> if statute makes sale of heroin illegal, but does not provide for punishment of purchaser, he cannot be found guilty as accomplice

Question 10

What is the rule re: “withdrawal” and accomplice liability?

Answer 10

A person who EFFECTIVELY WITHDRAWS from crime BEFORE it is committed cannot be held guilty as an accomplice.

NOTE –> withdrawal must occur BEFORE the crime becomes unstoppable.

1. REPUDIATION is sufficient withdrawal for mere encouragement
2. ATTEMPT TO NEUTRALIZE is required if participation went BEYOND mere encouragement.
3. NOTIFYING POLICE or taking action to prevent crime is sufficient.
4. MERE WITHDRAWAL without taking any action is NOT sufficient