Chapter 15 - Participation II : Accomplices an accessories after the fact

Question 1

Define accomplice

Answer 1

The accomplice is a person whose conduct does not conform to all the requirements in the definition of the crime, but is nonetheless punishable because he has intentionally furthered the commission of the crime by another person. Liability as an accomplice is, therefore, something less than liability as a perpetrator.

Question 2

What are the requirements for a person to be liable as an accomplice?

Answer 2

1. Act : there must be an act in the way of aiding, counseling, encouraging or ordering.
2. Unlawfulness: the act must be unlawful
3. Intention: The crime, which is committed by another person, must be furthered intentionally.
4. Accessory character of liability : A crime must have been committed by some other person

Question 3

Is it possible for an accomplice to commit murder?

Answer 3

It is not for an accomplice to commit murder.

Question 4

Define an accessory after the fact

Answer 4

A person is an accessory after the fact to the commission of a crime if, after the commission of the crime, he unlawfully and intentionally engages in conduct intended to enable the perpetrator of, or accomplice to, the crime to evade liability fir his crime, or to facilitate such a person’s evasion of liability

Question 5

What are the requirements for a person to be liable for accessory after the fact?

Answer 5

1. Act or omission : the accessory, after the fact, must engage in some conduct (act or omission) whereby he assists either the perpetrator or the accomplice to evade liability.
2. After the commission of the crime : X’s act or omission must take place after the commission of the actual crime.
3. Enabling perpetrator or accomplice to evade liability : It must be such that it assists the perpetrator or accomplice to evade liability for his crime or to facilitate such a person’s evasion of liability. The protection or assistance need not be successful.
4. Unlawfulness: The act must be unlawful, which means there must be no justification for it.
5. Intention: The accessory, after the fact, must render assistance intentionally.
6. Accessory character of liability: The liability of the accessory after the fact, like that of an accomplice, is accessory in character. There can be an accessory after the fact only if somebody else has committed the crime as the perpetrator. As a result, you cannot be an accessory after the fact of a crime committed by yourself.