Accomplice Liability (Module 3)

Question 1

Common Law Categories of Accomplice Liability

Answer 1

1. Principal in the First Degree: person who actually engaged in the act/omission
2. Principal in the Second Degree: person who aided, advised, or encouragted the principal and were present at the crime
3. Accessories Before the Fact: person who assisted or encouraged before the crime but were not present
4. Accessories After the Fact: assisted person who committed the felony (with knowledge they committed it) in escaping arrest or punishment

Question 2

Modern Accomplice Liability Categories

Answer 2

1. Principal: one with the requisite mental state actually engages in the act/omission
2. Accomplice: one who aids, advises, or encourages the principal; will be liable for the principal crime if they intended to aid or encourage the crime
3. Accessory After the Fact: bears no relationship to the principal offense, just knows they committed a felony and tries to help them
   - accesory after the fact NOT CONSIDERED AN ACCOMPLICE IN MODERN LAW, THIS IS A SEPARATE CRIME

Question 3

Intent Required for Accomplice Liability

Answer 3

Dual Intent
1. Intent to assist the principal
2. Intent the principal commit the substantive offense

NOTE: If the substantive offense has recklessness or negligence mens rea, then intent required is:
1. Intent to facilitate the commssion of the crime
2. Acted with negligence or recklessness (whichever is required for the particular crime)

Question 4

Liability for Providing Materials to the Principal

Answer 4

Even if konw they are going to commit a crime, if you sell them ordinary goods at ordinary prices won’t be liable

But if sell them an illegal item or upcharge them on a legal item because you know their purpose, then may be liable

Question 5

Scope of Accomplice Liability

Answer 5

Liable for crimes they did or counseled in AND any crimes that were probable/foreseeable committed by principal in the course of committing the crime

Question 6

Exclusions from Accomplice Liability

Answer 6

Withdrawal
1. If encouraged, must repudiate
2. If assisted, must neutralize assistance
3. Notifying the police or taking other action to prevent the crime is sufficient for withdrawal

Members of a Protected Class
- members of class protected by statute aren’t liable (woman transported across state lines can’t be liable cuz she’s protected by the statute)

Necessary Parties not Provided For
- a party necessary for the comission of the crime but isn’t provided for in the statute (e.g., statute punishes drug dealer not purchaser, then purchaser can’t be an accomplice)