Crim Law: Accomplice Liability Flashcards
1
Q
Modern Approach
A
One is liable for a crime someone else commits if
AR: Assisted
MR: With intent to assist in commission of crime
2
Q
Common Law Approach
A
Four Categories:
- Principal in the first degree: present at scene, commits at least one element of crime
- Principal in the second degree: present at scene, assists but does not commit any element of crime
- Accessory before the fact: not at scene provided assistance beforehand
- Accessory after the fact: not at scene, provided assistance after crime over.
3
Q
Liability: Principals and accessory the before fact:
A
- crime committed, and
2. foreseeable crimes.
4
Q
Liability: Accessory After the fact
A
- Not liable for crime commited
- Liable for separate crime of being accessory after the fact.
* victims are not accomplices.
5
Q
Emma, Harriet, and Frank agree to rob Knightly. Emma and Harriet rob Knightley, and beat him up when he resists, while Frank waits in the getaway car. Who is liable for robbery and aggravated battery?
A
All of them for all of the crimes.
6
Q
Withdrawal
A
- Encouragers: must discourage
2. Aiders: Neutralize assistance, prevent crime, or notify authorities.