Crim Law - Accomplice Liability

Question 1

Accomplice Liability

Answer 1

This section deals with liability of accomplices (ie ppl who help or encourage others to commit crimes)

Question 2

Principal and Accomplice

DEFINITIONS and TERMINOLOGY

Answer 2

Principal - the person who COMMITS the crime

Accomplice - the person who HELPS by either
(a) AIDING or ENCOURAGING the principal

Mental State: with the INTENT that the crime be committed

Question 3

Accomplice liability

Answer 3

AIDING or ENCOURAGING the principal with the INTENT that the crime be committed

Question 4

Accomplice Liability in NY***

Answer 4

In NY, the accomplice need not specifically intend that the crime be committed. It is enough if the accomplice specifically intends to aid the principal’s CONDUCT, and otherwise has the mental state required for the criminal’s conduct.

Implication – THIS MEANS in NY** it is possible to be an accomplice to a negligence or recklessness crime (this is now majority approach)

Question 5

Scope of Accomplice Liability (ie what is an accomplice guilty of)

Answer 5

The RULE: The accomplice is guilty of

(a) all crimes that he AIDS or ENCOURAGES (just as if he did it), AND
(b) all other FORESEEABLE crimes committed along with the aided crime

3 rules for when A person is NOT an ACCOMPLICE
(1) MERE PRESENCE at the scene of the crime does not make someone an accomplice

(2) MERE KNOWLEDGE of the crime does not make someone an accomplice, he must INTEND to AID or ENCOURAGE the principal
- –***NY DISTINCTION: Like the common law, NY also requires INTENT for accomplice liability. However, MERE KNOWLEDGE can make someome guilty of the (lesser) crime of CRIMINAL FACILITATION

(3) Victims of crime cannot be accomplices, since they are considered members of a protected class
(e. g. minors cannot be convicted of “selling alcohol to minors”)

Question 6

WITHDRAWAL As an ACCOMPLICE

Answer 6

An accomplice can avoid criminal liability by WITHDRAWING before the crime is committed. What he must do to withdraw depends on how he assisted the principal

ENCOURAGER: An accomplice who only “encouraged” the principal may withdraw simply by REPUDIATING the encouragement before the crime is committed

AIDER - An accomplice who actually HELPED the principal must either NEUTRALIZE the assistance or otherwise PREVENT the crime from happening (e.g. by notifying the authorities)

Question 7

WITHDRAWAL IN NY**

Answer 7

known as “Renunciation”

(1) the accomplice MUST make a SUBSTANTIAL EFFORT to prevent the commission of the crime
(2) Renunciation is an AFFIRMATIVE DEFENSE (burden on D)

Question 8

ACCESSORY AFTER THE FACT (common law)

Answer 8

Common law Approach: To Commit the separate common law offense of being an “accessory after the fact” the D must

(a) HELP a principal who has committed a felony
(b) with KNOWLEDGE that the crime has been committed, AND
(c) with the INTENT to help the principal avoid arrest or conviction

Question 9

ACCESSORY AFTER THE FACT (NY**)

Answer 9

IN NY** would be called “hindering the prosecution”

In many jurisdictions (including NY***) accessories after the fact at common law now commit statutory crimes, such as “obstruction of justice”or “harboring a fugitive” or (as in NEW YORK) “hindering the prosecution”