Complicity Flashcards
accomplice
a person who intentionally assists another person to engage in the conduct that constitutes the offense
principal in the first degree
present at the scene and commits at least one actus reus of the offense - liable for both crime committed and any foreseeable crimes
principal in the second degree
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
accessory before the fact
not at the scene of crime but provides assistance beforehand - liable for both crime committed and any foreseeable crimes
accessory after the fact
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
Natural and probable consequences doctrine
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.
if the principal is acquitted
accomplice must be acquitted
if principal acquitted based on a justification
accomplice should be acquitted
if principal acquitted based on an excuse
accomplice is not acquitted as excuse is personal to the principal
Pinkerton doctrine
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