Complicity Flashcards

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1
Q

accomplice

A

a person who intentionally assists another person to engage in the conduct that constitutes the offense

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2
Q

principal in the first degree

A

present at the scene and commits at least one actus reus of the offense - liable for both crime committed and any foreseeable crimes

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3
Q

principal in the second degree

A

present at the scene but does not assist in the commission of the crime e.g. lookout or getaway river - liable for both crime committed and any foreseeable crimes

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4
Q

accessory before the fact

A

not at the scene of crime but provides assistance beforehand - liable for both crime committed and any foreseeable crimes

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5
Q

accessory after the fact

A

not at the scene, did not provide assistance before or during but did provide after the crime e.g., helping them hide out - not liable for crime committed, liable for separate crime

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6
Q

Natural and probable consequences doctrine

A

An accomplice is guilty not only of the offense she intended to facilitate or encourage but also of any reasonably foreseeable offense committed by the person whom she aided.

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7
Q

if the principal is acquitted

A

accomplice must be acquitted

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8
Q

if principal acquitted based on a justification

A

accomplice should be acquitted

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9
Q

if principal acquitted based on an excuse

A

accomplice is not acquitted as excuse is personal to the principal

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10
Q

Pinkerton doctrine

A

a conspirator is responsible for any crime committed by any other member of the conspiracy, whether or not he assisted, if the offense falls within the scope of the conspiracy or a reasonably foreseeable consequence thereof

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