Complicity

Question 1

Complicity definition

Answer 1

Theory of criminal liability (not crime) that makes person who assists a principal offender criminally liable

Question 2

Actus reus

Answer 2

Actually aided, abetted, encouraged the commission of the offense - must rise above mere presence

Question 3

Mens Rea

Answer 3

Intent to assist a principal actor in committing the target act and
Intent that the principal actually commit the act

Question 4

Common law accomplice liability

Answer 4

Principals in the first degree - actual perp
Principals in the second degree - actual present - aided
Accessories before the fact - aided but not present
Accessories after the fact - aided after the fact

Question 5

All american jurisdictions have

Answer 5

merged principals and accessories - except for accessories after the fact - all who assist principal are now also principals

Question 6

What actions constitute aiding and abetting

Answer 6

Solicit, aids or agrees, having legal duty to prevent the commission of the offense, conduct expressly declared by law to establish complicity

Question 7

Vicarious liability

Answer 7

Public welfare or regulatory offenses, strict liability, deterrent