Complicity Flashcards

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1
Q

Complicity

A

(1) Legal theory of criminal assistance

(2) Not a separate crime

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2
Q

Complicity Theories

A

(1) Accomplice

(2) Co-Conspirator

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3
Q

What Constitutes Assistance [Complicity]

A

(1) Physical conduct
(2) Psychological influence
(3) Omission if had a duty to act
(4) Any aid no matter how trivial can suffice
(5) But mere presence alone is not sufficient

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4
Q

Accomplice: Doctrine of Dual Intent

A
Accomplice has intent…
(1) To assist the principal, and
(2) That the principal commit the crime
OR
(3) If the offense requires reckless or negligent mens rea, the accomplice must have intended to facilitate the commission of the crime and acted with recklessness or negligence

Note: Can be express or implied

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5
Q

Approach to Complicity [CL]

A

An individual is guilty of aiding and abetting the commission of a crime if he

(1) Knows of another’s intention to commit a crime,
(2) Intends to encourage or facilitate the commission of the crime, and in furtherance of that intent, and
(3) Commits an act that aids or encourages the commission of the crime

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6
Q

Approach to Complicity [MPC § 2.06]

A

A person is an accomplice of another person in the commission of an offense if…
(1) With the purpose of promoting or facilitating the commission of the offense he
 (a) Solicits such other person to commit it; or
 (b) Aids or agrees or attempts to aid such other
person in planning/committing it

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7
Q

Complicity Liability

A

(1) Aider and abettor liability is not negligent liability
(a) The aider and abettor must know that he is assisting an illegal activity or be deliberately avoiding learning the truth
(b) Failure to display curiosity is not enough
(2) A person who participates in a felony as a feigned accomplice in order to entrap another is not criminally liable for the felony
(3) D may not be an accomplice to a negligent homicide

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8
Q

Actors in Complicity [CL]

A

(1) Principal in the First Degree
(2) Principal in the Second Degree
(3) Accessories Before the Fact
(4) Accessories After the Fact

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9
Q

Actors in Complicity [MPC]

A

(1) Principal
(2) Accomplice
(3) Accessory After the Fact

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10
Q

Defenses to Complicity [MPC]

A

Termination

(1) Must occur prior to commission and must…
(a) Wholly deprive it of effectiveness, or
(b) Give timely warning to law enforcement or otherwise make proper effort to prevent the commission of the offense

Requires overt act

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11
Q

Natural and Probable Consequences Doctrine

A

An accomplice is guilty of any reasonably foreseeable crime committed by the principal

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