Accomplice Liability and Inchoate Offenses Flashcards
What is a person who commits the crime called? What is the person who helps in committing the crime called?
The person who commits the crime is called the principal.
The person who helps commit the crime is called the accomplice.
What are the elements of accomplice liability?
Act: aids or encourages the principal.
Mental State: with the intent that the crime be committed.
NOTE: If the principal’s crime requires mental state of recklessness or criminal negligence, most jurisdictions including New York, hold an accomplice liable for intentional conduct that aids the principal *and *manifests the required recklessness or negligence.
What is the scope of accomplice liability?
The accomplice is guilty of:
a) all crimes that he aids or encourages (just as if he did it), AND
b) all other foreseeable crimes committed along with the aided crime.
When is a person NOT an accomplice? What is the New York distinction on this issue?
Two important principles:
a) Mere presence at the scene of the crime does not make someone an accomplice; he or she must actively aid or encourage the principal.
b) Mere knowledge of the crime does not make someone an accomplice; he must intend to aid or encourage the principal.
New York Distinction: like the common law, New York also requires intent for accomplice liability. However, mere knowledge can make someone guilty of the (lesser) crime of criminal facilitation.
How can an accomplice avoid criminal liability? What is the NY distinction?
An accomplice can avoid criminal liability by withdrawing before the crime is committed. What he must do to withdraw depends on how he assisted the principal:
Encourager: an accomplice who only “encouraged” the principal may withdraw simply by repudiating the encouragement before the crime is committed.
Aider: An accomplice who actually helped the principal must either neutralize the assistance or otherwise prevent the crime from happening (by notifying the authorities, for example).
New York: Withdrawal in NY is called “renunciation,” where the accomplice must make a substantial effort to prevent the commission of the crime. Renunciation is an affirmative defense.
What is the common law approach to “accessory after the fact”? What is the modern statutory and NY approach?
Common Law: To commit the separate common law offense of being an “accessory after the fact,” a defendant must:
a) help a principal who has committed a felony
b) with knowledge that the crime has been committed, AND
c) with the intent to help the principal avoid arrest or conviction.
Modern Statutory Approach: In many jurisdictions, accessories after the fact at common law now commit statutory crimes, such as “obstruction of justice,” “harboring a fugitive,” or (as in New York) “hindering prosecution.”
What is enterprise liability? What are “public welfare” offenses?
Enterprise liability is when a corporate agent engages in criminal conduct, both the corporation and the agent may be held criminally liable, provided the agent is acting:
a) on behalf of the corporation; and
b) with in the scope of his or her office.
“Public Welfare” Offenses: When a corporation commits a regulatory offense involving public health or safety, its agents can also be held criminally liable proved the agents stand in “responsible relation to the situation” that created a public danger.
What are the elements of solicitation?
Definition: asking someone to commit a crime, with the intent that the crime be committed.
Mental State: specific intent
NOTE: Agreement or completion of the requested crime is unnecessary - the crime is in the asking.
What are the elements of conspiracy?
Required Acts: An agreement between two or more people to commit a crime, plus an overt act in furtherance of the crime.
a) Agreement: need not be “express;” can be proved by conduct - that is a “concert of action” towards a common goal.
b) Overt Act: any act, even if merely prepartory, performed by any of the co-conspirators.
Mental State: The specific intent to do two things - (1) enter into an agreement; and (2) to accomplish objectives of the conspiracy.
NOTE: The “essence” of the crime of conspiracy is the agreement; completion of the conspiratorial objective is unnecessary for conviction.
Can you have a one-person conspiracy?
Common law rule: No - it takes the bilateral approach, which requires at least 2 guilty minds, both of whom actually agree to accomplish the conspiracy’s objectives. In this regime, if all other parties to the agreement are aquitted, the last remaining defendant cannot be convicted.
New York rule: Yes - it takes the **unilateral approach **(like the MPC), where a defendant may be guilty of conspiracy even if the other parties are acquitted or were just pretending to agree.
What is the Wharton rule of conspiracy?
When two or more people are necessary for the commission of the substantive offense, there is no conspiracy unless more parties participate in the agreement than are necessary for the crime.
NOTE: New York continues to follow the Wharton rule.
What is vicarious liability in conspiracy mean (aka the Pinkerton doctrine)? What is the New York distinction?
In addition to conspiracy, a defendant will be liable for other crimes committed by his co-conspirators, so long as those crimes were:
1) committed in furtherance of the conspiracy’s objective AND
2) foreseable.
New York distinction: no vicarious laiblity for one who merely conspires and does not participate in a crime committed by a co-conspirator.
Is impossibility a defense to a charge of conspiracy?
No - impossibility is not a defense to a charge of conspiracy. One can punish conspiracy separately from the incompleted crime.
What are the elements of attempt? What is the majority approach and what is NY approach to attempt?
Required Acts: Unlike conspiracy, attempt requires an overt act beyond mere preparation.
New York/Common Law “Proximity” Test: the defendant must engage in conduct that gets dangerously close to the commission of the crime.
Majority/MPC “Substantial Step” Test: The defendant must engage in conduct that constitutes a substantial step towards the commission of the crime, provided that conduct strongly corroborates the actor’s criminal purpose.
Mental State: Attempt requires the specific intent to commit the underlying crime.
What crimes do not have an attempt version of it?
You cannot attempt unintentional crimes, since you cannot intend to do something unintentional. Practically speaking, this means that there are no attempt versions of:
a) recklessness crimes, or
b) negligence crimes, or
c) felony murder.
