Complicity Flashcards
Define: Principle
One who, with the required mental state, engages in prohibited conduct or causes a prohibited result.
IE the one who committed the crime.
Define: Accomplice
One who, with the intent that the crime requires, aids, counsels, or encourages, the principle before or during the crime.
What crimes are the accomplice responsible for?
An accomplice is responsible for:
1) The crimes he counseled,
2) Any other crimes committed in the course of committing the crimes contemplated, as long as the other crimes are probable or foreseeable.
How are accomplices treated?
As though they had actually committed the crime.
What is the Federal Acting through Another statute?
1) Person must KNOWINGLY aid, counsel, command, induce or procure the commission of an offense;
2) That person must KNOWINGLY associate with the criminal activity, participate in the activity, and try to make it succeed.”
What is the Federal Aiding and Abetting Statute?
Defendant KNOWINGLY caused the acts of another, then the defendant is responsible for the acts as though he/she personally committed them.
What is the Federal Accessory After the Fact Statute?
Requires 2 mens rea: Knowledge that an act was committed and acts with Intent to hinder or prevent offenders capture/punishment.
An accessory after the fact is one who acts with KNOWLEDGE that an offense was committed, and then receives, relieves, comforts or assists the offender with the INTENT to hinder or prevent the offender’s apprehension, trial, or punishment.
Illinois Complicity (Accountability) Statute
“A person is legally accountable for the conduct of another when before or during the commission of an offense, acts with the INTENT to assist with the commission of a crime, he or she aids, abets, agrees, or attempts to aid that other person in the planning or commission of the offense.”
Illinois Withdrawal of Accountability Statute
“A person is not so accountable if before the commission of the offense he or she terminates his or her effort to promote or facilitate that commission and does one of the following: 1) wholly deprives his or her prior efforts of effectiveness in that commission, 2) gives timely warning to the proper law enforcement authorities, 3) otherwise makes proper effort to prevent the commission of the offense.”
Define: Accomplice Withdrawal
An accomplice may avoid liability if he withdraws from the crime before it is actually committed by the principal. Often, statutory language describes the conduct or actions necessary to withdraw.
Define: Accessory After the Fact
And what does it require?
An accessory after the fact is one who receives, relieves, comforts, or assists another, knowing that they have committed a felony, in order to help the offender escape arrest, trial, or conviction.
Requires: The crime committed by the principle must be a felony and it must be completed when the aid is rendered.
Is Mere Presence enough for accomplice liability
A defendant’s presence at the scene of a crime or knowledge that a crime is being committed is not sufficient by itself to establish guilt.
Is association with the person involved in the crime enough for accomplice liability?
Association with persons involved in a crime is not enough to establish liability.
