Accomplice Liability

Question 1

What are the parties to a felony at common law?

Answer 1

Principals in the first degree (actually engaged in act)
Principals in the second degree (aided, advised, encouraged, and are present at the crime)
Accessories before the fact (Aided, advised and encouraged but not present)
Accessories after the fact (assist the principal afterward)

(Abolished in most jds)

Question 2

What are the parties to a felony in the modern approach?

Answer 2

This is what is tested

Principals — commits the illegal act or causes innocent agent to do so (liability for principal crime)
Accomplices — aids and encourages principal to do the illegal conduct (liable for principal crime if intended to aid/encourage it)
Accessories after the fact — helps escape with knowledge that they committed a felony (liable for separate, less serious offense of accessory after the fact)

Question 3

What is the requisite mental state for accomplice liability?

Answer 3

(1) intent to assist principal in commission of the crime
(2) intent that the principal commit the substantive offense

Where the substantive offense has a mens rea of recklessness or negligence, the intent element will be satisfied if accomplice (1) intended to facilitate commission of the crime and (2) acted with recklessness or negligence

Question 4

What is the scope of accomplice liability?

Answer 4

Responsible for the crimes they did or counseled and for any other crimes committed in the course of committing the contemplated crime to the same extent as the principal, so long as probable and foreseeable

Question 5

Who is excluded from accomplice liability?

Answer 5

Members of the class protected by the statute 
A party necessary to the commission of a crime who is not provided for in the statute (e.g., if a crime criminalizes selling heroin but does not specify punishment for buyer, buyer cannot be an accomplice of seller)

Question 6

When is withdrawal effective to prevent accomplice liability?

Answer 6

Effectively withdrawing from a crime before commission prevents accomplice liability If done before the crime becomes unstoppable. If the aid was mere encouragement, then repudiation is enough. If assistance went beyond that, then attempting to neutralize the assistance is required.

Mere withdrawal without further action insufficient

Question 7

When is provision of material enough to establish accomplice liability?

Answer 7

usually insufficient to have mere knowledge that a crime will result related to provision — at least where aid is sale of ordinary goods at ordinary prices (gas station attendant not liable for knowingly selling gas to arsonist) but procuring an illegal item or selling it at a higher price because of the buyer’s purpose may constitute a sufficient stake in the venture