Complicity Flashcards
Is there a crime of complicity?
NO
It is a theory of criminal liability not a stand alone crime
there is also no crime of “accessory”
TPC §7.01
(a) A person is criminally responsible as a
party to an offense if the offense is
committed by his own conduct, by the
conduct of another for which he is
criminally responsible, or by both.
(b) Each party to an offense may be charged
with commission of the offense.
(c) All traditional distinctions between
accomplices and principals are abolished
by this section, and each party to an
offense may be charged and convicted
without alleging that he acted as a
principal or accomplice.
What is the mens rea of accomplice liability?
Intent to assist a principal actor in committing the target act AND intent that the principal actually commit the act
Is “mere presence” enough to establish the mens rea for accomplice liability?
no
What must the prosecution prove in addition to establishing the required level of mens rea?
That the defendant actually aided, abetted or encouraged the commission of the offense
When is a corporation held criminally responsible?
Through vicarious liability
when it is for public welfare or regulatory offenses
What are reasons to hold corporations criminally liable?
Deterrent: May lead to better supervision
and management to prevent criminal
activities and encourage those who have
the power to prevent criminal conduct from
occurring to do so.
Fairness: If shareholders benefit from criminal
behavior they should bear the legal
consequences.
What is complicity under the MPC
(a) with the purpose of promoting or facilitating the commission of the offense, he
(i) solicits such other person to commit it, or
(ii) aids or agrees or attempts to aid such other person in planning or committing it, or
(iii) having a legal duty to prevent the commission of the offense, fails to make proper effort so to do; or
(b) his conduct is expressly declared by law to establish his complicity.
