BAR FLASHCARDS - Crim L 3 - Accomp' Liab
Common law: Parties to a crime
Principals in the FIRST degree:
- Persons who engage in act that constitutes the crime. [person who does the crime]
Principals in the SECOND degree:
- Persons who aid, advise, or encourage and are PRESENT. [counsel/advise same thing]
Accessories BEFORE the Fact:
- Persons who assited or encouraged but were NOT present.
Accessories AFTER the fact
- Persons who, with knowledge other commited felony, assited them to escape arrest or punishment.
At common law, parties to a crime included:
Common Law
At common law, parties to a crime included:
• Principals in the first degree: persons who actually engaged in the act or omission that constitutes the offense or who caused an innocent agent to do so
• Principals in the second degree: persons who aided, advised, or encouraged the principal and were present at the crime
• Accessories before the fact: persons who assisted or encour- aged but were not present
• Accessories after the fact: persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment
At common law, conviction of the principal was required for convic- tion of an accessory, but most jurisdictions have abandoned this requirement.
Is the conviction of the principal required for conviction of an accessory?
At common law, conviction of the principal was required for convic- tion of an accessory, but most jurisdictions have abandoned this requirement.
Modern Statutes
Most jurisdictions have abolished the distinctions between principals in the first degree and principals in the second degree or accessories before the fact.
All such “parties to the crime” can be found guilty of the principal offense.
For convenience, however, think of the one who actually engages in the act (either personally or through an innocent agent) or omission as the principal and the other parties as accomplices.
• The principal is one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result.
• An accomplice is one who aids, advises, or encourages the principal in the commission of the crime charged.
BUT, An accessory after the fact (one who assists another knowing that they have committed a felony in order to help them escape) is still treated separately. Punishment for this crime usually bears no relationship to the principal offense.
Principal
• The principal is one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result.
Accomplice
• An accomplice is one who aids, advises, or encourages the principal in the commission of the crime charged.
Modern Statutes: accessory after the fact
An accessory after the fact (one who assists another knowing that they have committed a felony in order to help them escape) is still treated separately. Punishment for this crime usually bears no relationship to the principal offense.
Modern accomplice liabity CHART:
3 possible Defendants:
Conduct for each:
Liability for Each
PRINCIPAL:
Conduct: Person who commits the illegal act or who causes an innocent agent to do so.
Liability: Liable for principal crime.
ACCOMPLICE:
Conduct: Person who aids or encourages principal to commit the illegal conduct.
Liability: Liable for principal crime if accomplice intended to aid or encourage crime.
ACCESSORY AFTER THE FACT:
Conduct: person who aids another to escape knowing that he has committed a felony.
Liability: Liable for separate, less serious crime of being an accessory after the fact.
Accomplice Liability: MENTAL STATE - DUAL INTENT REQUIRED
In order to be convicted of a substantive crime as an accomplice, the accomplice must have
(1) the intent to ASSIST THE PRINCIPAL in the commission of a crime; and
(2) the intent that the principal commit the substantive offense.
When the substantive offense has recklessness or negligence as its mens rea, most jurisdictions would hold that the intent element is satisfied if the accomplice
(1) intended to facilitate the commission of the crime; and
(2) acted with recklessness or negligence (whichever is required by the particular crime).
Accomplice Liability: When the substantive offense has recklessness or negligence as its mens rea, most jurisdictions would hold that the intent element is satisfied if the accomplice: (TWO)
When the substantive offense has recklessness or negligence as its mens rea, most jurisdictions would hold that the intent element is satisfied if the accomplice
(1) intended to facilitate the commission of the crime; and
(2) acted with recklessness or negligence (whichever is required by the particular crime).
Accomplice Liability - Provision of Material: Is Selling goods to the criminal give rise to accomplice liability?
In the absence of a statute, most courts would hold that mere knowledge that a crime will result is not enough for accomplice liability, at least where the aid given is in the form of the sale of ordinary goods at ordinary prices (for example, a gas station attendant will not be liable for arson for knowingly selling a gallon of gasoline to an arsonist).
However, procuring an illegal item or selling at a higher price because of the buyer’s purpose (for example, charging the arsonist $100 for the gallon of gas) may constitute a sufficient “stake in the venture” to constitute intent.
Accomplice Liability: SCOPE OF LIABILITY - An accomplice is responsible for…
An accomplice is responsible for the crimes they did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were probable or foreseeable.
Accomplice Liability - EXCLUSIONS FROM LIABILITY
a. Members of the Protected Class: Members of the class protected by a statute are excluded from accomplice liability.
b. Necessary Parties Not Provided For: A party necessary to the commission of a crime, by statutory defini- tion, who is not provided for in the statute is excluded from accom- plice liability. (heroin buyer in a crime making the sale of heroin illegal that doesnt provide punishment for the purchaser).
c. Withdrawal: A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice. Withdrawal must occur before the crime becomes unstoppable.
• If the person encouraged the crime, the person must repudiate the encouragement.
• If the person aided by providing assistance to the principal (such as giving materials), the person must do everything possible to at- tempt to neutralize the assistance (such as attempting to retrieve the materials).
• Notifying the police or taking other action to prevent the crime is also sufficient. A mere withdrawal from involvement without taking any additional action is not sufficient.
Withdrawal from accomplice liability: Exclusion from liability
Must occur BEFORE the crime becomes unstoppable.
- Must REPUDIATE encouragement
- Must attempt to neutralize any assistance.
- Notifying police or taking other action to prevent crime also sufficient.
Withdrawal: A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice. Withdrawal must occur before the crime becomes unstoppable.
• If the person encouraged the crime, the person must repudiate the encouragement.
• If the person aided by providing assistance to the principal (such as giving materials), the person must do everything possible to at- tempt to neutralize the assistance (such as attempting to retrieve the materials).
• Notifying the police or taking other action to prevent the crime is also sufficient.
A mere withdrawal from involvement without taking any additional action is not sufficient.
