Complicity

Question 1

Complicity

Answer 1

(1) Legal theory of criminal assistance

(2) Not a separate crime

Question 2

Complicity Theories

Answer 2

(1) Accomplice

(2) Co-Conspirator

Question 3

What Constitutes Assistance [Complicity]

Answer 3

(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

Question 4

Accomplice: Doctrine of Dual Intent

Answer 4

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

Question 5

Approach to Complicity [CL]

Answer 5

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

Question 6

Approach to Complicity [MPC § 2.06]

Answer 6

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

Question 7

Complicity Liability

Answer 7

(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

Question 8

Actors in Complicity [CL]

Answer 8

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

Question 9

Actors in Complicity [MPC]

Answer 9

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

Question 10

Defenses to Complicity [MPC]

Answer 10

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

Question 11

Natural and Probable Consequences Doctrine

Answer 11

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