Complicity

Question 1

Accomplice Liability- Principal in the 1st Degree

Answer 1

Common Law: The person who actually commits the crime

Question 2

Accomplice Liability- Principal in the 2nd Degree

Answer 2

Common Law: Person who aided, counseled, encouraged the commission of the crime

Present at the time the crime was committed

Can be constructive: a look out
Must have same mens rea as principal

Question 3

Accomplice Liability: Accessory Before the Fact

Answer 3

Common Law: Aids and abets the commission of a crime but were not present at its commission

Question 4

Accomplice Liability: Accessory After the Fact

Answer 4

Common Law: Aids criminal after crime committed

• – Misdemeanor cases, all accomplices were treated as principals
• —- Accessory to a felony could not be convicted without the prior conviction of the principal offender.

3 Elements:

• – Felony must be completed
• – Knowledge of felony
• – Aid the Felon

Question 5

Innocent-Instrumentality Rule

Answer 5

Common law: A person is the principal in the first degree if, with the mens rea required for the commission of the offense, he uses a non-human agent or a non-culpable human agent to commit the crime

or, he uses or manipulates another person to commit an offense

Question 6

Assistance

Answer 6

Three forms of assistance

• – Assistance by physical conduct
• – Assistance by psychological influence
• – Assistance by omission

A secondary party is accountable for the conduct of the primary party even if his assistance was casually unnecessary to the commission of the offense.

Question 7

MPC

Answer 7

A person is guilty of an offense if he commits it by his own conduct or by the conduct of another person for which he is legally accountable or both

Question 8

MPC: Accomplice

Answer 8

When:
Solicits another person to commit a crime

Aids/agrees/attempts to aid in planning or committing

Has legal duty to prevent commission of crime but fails to do so

Conduct by law establishes complicity

Question 9

MPC: Result Crime

Answer 9

Was an accomplice in the coduct that caused the result

Acted with the culpability regarding the result that is sufficient for commission of the fofense

Question 10

MPC: Not an accomplice if any of the 3 exist

Answer 10

• – If he is the victim of the offense
• – If conduct is “inevitably incident” to the commission of the offense
• – If he terminates his participation before the crime is committed and he

(1) neutralizes his assistance
(2) Gives timely warning to the police of the impending
(3) In some other manner attempts to prevent the commission of the crime.

Question 11

Common Law Restrictions

Answer 11

Principals in the 1st Degree
Principals in the 2nd Degree
Accomplices Before the Fact
Accomplices After the Fact

Question 12

Modern Approaches

Answer 12

Merged principals and accessories so there is only one crime: Complicity

Exception: Accessories after the fact does not merge with the principal offense.

Question 13

Mens Rea Requirement

Answer 13

2 separate and independent components:

The intent to assist a principal actor in committing the target act

The intent that the principal actually commit that act

Question 14

Act Requirement

Answer 14

Must prove beyond a reasonable doubt that the accused actively aided in the commission of the crime. MUST be more than mere presence at scene.

MPC: solicits such other person to commit it, or aids or agrees or attempts toa id such other person in planning or committing it, or having a legal duty to prevent the commission of the offense, fails to make proper effect to do so.

Question 15

Renunciation

Answer 15

An accomplice is no more able to terminate her commission of a crime AFTER having committed it than a principal is.

MPC: Accomplice may effectively terminate her complicity provided that she “prior to the commission of the offense” and does 1 of 2:

Wholly deprives it of effectiveness in the commission of the offense or

Gives timely warning to the law enforcement or otherwise makes proper effort to prevent the commission of the offense.

Question 16

Scope of Accomplice Responsibility

Answer 16

Any individual accused of criminal activity, principal or accomplice, can be charged with the committed crime itself

MPC Rejects: an accomplice is only responsible for the crimes that he or she actually intends to aid or abet. UNLESS otherwise provided by code or by law defining the offense, a person is not accomplice in an offense if
1) He is a victim of that offense; or
The offense is so defined that his conduct is inevitably incident to its commission; or
2) He terminates his commission in the crime.

Question 17

Vicarious Liability

Answer 17

Corporate Culpability: Usually done for public welfare or regulatory offenses, based on strict liability (no mens rea required)

Criminal Responsibility of Corporate Officers and Agents: Corporate officials are not usually held vicariously liable for the criminal acts of their subordinates.