Complicity

Question 1

Is complicity a crime in itself?

Answer 1

No…complicity is simply an underlying theory on proving guilt for an offense = the person is charged with the same crime as they were aiding

Question 2

What is the mens rea required for complicity?

Answer 2

A purpose / specific intent —> he must intend that his actions further the criminal conduct of the principal

Question 3

More specifically, what are the mens rea for the material elements of complicity?

Answer 3

Conduct = purpose; result = same mens rea required for the result element of the offense; attendant circumstances = very split

Question 4

What is the minority approach to mens rea for complicity?

Answer 4

Knowledge can be sufficient for complicity

Question 5

What is a minority approach to the scope of mens rea for complicity?

Answer 5

The Natural and Probable Consequences / Foreseeability theory —> an aider must still intend to encourage the criminal conduct, but liability extends to the crime actually committed on theory that accomplices should be liable for harms they have naturally, probably, and foreseeably set into motion

Question 6

What is the actus reus for complicity?

Answer 6

Generally, acts of encouraging the crime, which can include words or conduct

Question 7

Is mere presence alone enough for complicity?

Answer 7

No!

Question 8

When would mere presence alone be enough for complicity?

Answer 8

Only where there is adequate evidence to show a prior conspiracy to succeed in the crime

Question 9

Can an omission be sufficient for complicity?

Answer 9

Yes…only if he has the legal duty to act and fails to do so with the purpose of promoting or facilitating the crime

Question 10

Can one be convicted of aiding and abetting an attempt?

Answer 10

Yes, as long as the principal crossed the line from preparation to attempt

Question 11

Can one be convicted of an attempt to aid and abet?

Answer 11

Common law: no; MPC: yes, “aids or attempts to aid”

Question 12

Can one be convicted of aiding and abetting if he actually renders aid with the proper intent, but the principal does not commit the offense or even attempt?

Answer 12

Could not be convicted of complicity but could be liable for attempt to aid and abet or (in the case of preconcert) conspiracy

Question 13

Can one be an accomplice to felony-murder?

Answer 13

Yes

Question 14

What is the MPC formulation for complicity?

Answer 14

If, with the purpose of promoting or facilitating the commission of the crime, he (I) solicits such other person to commit it, or (II) aids or attempts to aid such other person in planning or committing it