Accomplice Liability Flashcards
1
Q
Complicity- General Ideas
A
- generally, the criminal law will only punish people for their own actions
- but, under the doctrine of complicity, a person may be held accountable for the actions of another because of their connection to the crime under accomplice liability
- An accomplice derives their criminal liability from the actions of the Principal in the first degree
- if there is no criminal liability from the P1st, then no accomplice liability
- NO causation requirement
2
Q
Complicity- Terms
A
- Definition- A secondary party who intentionally assists the primary party to engage in the conduct that constitutes the crime.
- Principal in the 1st degree- actual perpitrator of the crime; primary party
- Principal in the 2nd degree- Accessory at the fact-person who assists in the crime but does not actually perpitrate it, but is at the scene
- Accessory before/after the fact- not at the scene of the crime, but who assist before/after the crime
- these are common law distinctions largely abolished by statute, but still used as terms by courts.
3
Q
Ways to be an Accomplice (edit w/ Kate notes)
A
- assistance- physical or psycological
- planning-
- omission of a legal duty-
- solicitation- an individual who solicits another to assist in a crime (merges)
- furnishing an instrumentality-
- i.e. giving a gun
- conspiracy- when two or more people conspire to commit a crime (no merger)
- encouragement-
- a person may be an accomplice even if the person would have committed the crime anyway.
4
Q
Accomplice Liability- when applicable
A
-
Common Law & MPC- with requisite mens rea you:
- assist by physical conduct; OR
- assist by psychological influence (incite, solicits, or encourages); OR
- assist by omission if you have a duty
5
Q
Accomplice-Mens Rea
A
A person is an accomplice in the commision of an offense, if he intentionally aids the primary party to commit the offense. Must have a dual intent-
- intent to assit primary party to engage in coduct that forms the basis of the offense; AND
- mental state required for the commision of the offense as provided in the definition of the substantive crime
Secondary crimes
- natural and probable consequence doctrine applies as an alternative to the second issue.
6
Q
Accomplice- Actus Reus (both CL and MPC same)
A
- Three types
- Physical conduct
- psychological influence
- omission of a legal duty
- Amount of assistance
- any aid, no matter how trivial, that actually aids the P1st
7
Q
Natural and Probable Consequences Doctrine-
A
- if a person intentially assists in one crime, and another crime occurs, then the person is guilty of both crimes if it is the natural and probable consequence of the first crime that the second crime occur.
- Common Law only- Not applicable for the MPC
8
Q
Accomplice- Mens Rea when Reckless/Negligence is Charged
A
- normally you must ‘intend’ for the crime to occur. when something is reckless or negligent, you didn’t intend for the crime to occur, BUT
- a person can be convicted of a crime of recklessness/negligence if the accomplice had the same mens rea that would be required for the crime
- used by most courts and the MPC
9
Q
Accomplice- Social Harm
A
- the social harm caused need only be caused by P1st; doesn’t need to be caused by P2nd
10
Q
Accomplice Derivitive Liability
A
- An accomplice derives their liability from the P1st
- If there is no crime (justification) there IS NO derivitive liability
- If there is a crime (excuse) there IS derivitive liability
- If primary party is used as an innocent instrumentality, then no accomplice liability (but other person may be convicted)
11
Q
Limits to Accomplice Liability- Abandonment
A
-
Protected Class- a person can’t be prosecuted as an accomplice if he is a member of the class of persons for whom the statute prohibiting the conduct was enacted to protect
- i.e. statuatory rape laws
- Abandonment- (some courts) must abandon the criminal endeavor and abandonment must be made with communication of withdrawn to P1st and bona fide efforts to neutralize the effect of his prior assistance.
- Actual assistance- a person is not an accomplice if, in fact, the assistance they make actually doesn’t assist (once determined, degree isn’t important though)
- Innocent Instrumentality- a person used as an I.I. can’t be convicted because they lack the mens rea.
- presence isn’t enough- must actually assist in some minimal way
12
Q
Pinkerton Doctrine
A
- Any member of a conspiracy may be convicted of the crimes of any other member of the conspiracy if:
- the crimes were the object of the conspiracy; OR
- a foreseeable consequence of the target crimes
- Common Law only- Not used in the MPC
13
Q
Accomplice- P1st
A
- Principal in the 1st degree- actual perpitrator of the crime; primary party
- must have requisite mens rea
- must either physically commit the act that constitute the offense; OR
commit the offense by using an innocent instrumentality
14
Q
Accomplice- P2nd
A
Principal in the 2nd degree- Accessory at the fact-person who assists in the crime but does not actually perpitrate it, but is at the scene.
- intentionaly assisted in the commission of the crime in the presence, actual or constructive of P1st (lookout, getaway driver)
15
Q
Accomplice- Accessory Before/After Fact
A
Accessory before the fact
- D intentionally assists in the commission of the crime but is NOT actually or constructively present when crime committed
- counsels, solicits, or commands P1st
Accessor after the fact
- with knowledge of another’s guilt, intentionally assists felon to avoid arrest, trial, or conviction
