Accomplice Liability

Question 1

This is the term for the criminal actor, the one who commits the crime.

Answer 1

Principal in the First Degree

Question 2

A person who commits a crime through an innocent agent is…

Answer 2

still a Principal in the First Degree (P1) even if not present at the time and place of the offense.

Question 3

What are the elements for a Principal in the Second Degree (P2)?

Answer 3

A person who:

1. is present at a crime’s commission, and
2. commits some overt act (such as inciting or advising in the commission of the crime), or
3. shares the perpetrator’s criminal intent.

Question 4

Presence during the commission of the crime and subsequent flight (does/does not) constitute sufficient evidence to convict a person as a P2.

Answer 4

does not

Question 5

This person orders, counseld, encourages, or otherwise aids and abets another to commit an offense, but is not present when the offense is committed.

Answer 5

Accessory Before the Fact (“ABF”)

Question 6

Who is an accessory after the fact? (“AAF”)

Answer 6

Someone who knows an offense has been committed and assists the felon in escaping punishment.

Question 7

What is the exception to Accessory After the Fact (“AAF”) liability?

Question 8

In felony cases these two kinds of parties may be indicted, tried, convicted, and punished in all respects as if they were a Principal in the First Degree.

Answer 8

Principal in the Second Degree, and Accessory Before the Fact.

Question 9

What is the exception to the treatment of P2s and ABFs as P1s?

Answer 9

Only the actual murderer can get the death penalty, unless the crime convicted was a murder for hire or murder during the commission of an act of terrorism.

Question 10

It must be shown that the Principal in the First Degree _______________ for a P2 or ABF to be convicted.

Answer 10

commited the crime; no actual conviction of P1 is required.

Question 11

For all accomplices, there is no liability without…

Answer 11

the requiste mental state.

Question 12

When no single piece of evidence ties an ABF defendant to the killing, the jury may convict the defendant as an ABF based on…

Answer 12

the totality of the evidence.

Question 13

Circumsitantial evidence (is/is not) sufficient for P2 or ABF liability

Answer 13

is

Question 14

When a crime results as one of the incidental probable consequences of the parties’ actions, all who participate in bringing it about are….

Answer 14

liable, whether or not the crime was originally contemplated.

Question 15

To effectively withdraw from accomplica liability, one must…

Answer 15

1. show the other parties involved, that she disapproves of or opposes the commission of the crime, and
2. must try to prevent the crime’s consummation.

Question 16

Accessories may be tried in the jurisdictions where…

Question 17

An ABF may be indicted _____ __ _________ from the principal.

Answer 17

with or seperately