Crim - Parties to Crime and Liability for Conduct of Others Flashcards
Who is an accomplice to a crime?
Require act:
Aids or encourages the principal
Mental State: With the intent that the crime be committed.
If its a recklessness or negligence crime, most state hold an accomplice liable for intentional conduct that aids the principle and manifests the required recklessness or negligence
What is the scope of accomplice liability?
Accomplice is guilty of:
(a) all crimes that he aids or encourages AND
(b) all other foreseeable crimes committed along with the aided crime.
When is a person not an accomplice [three principles]?
(a) Mere presence at the scence [need to actively aid or encourage]
(b) Mere knowledge of crime is not enough. [must intend to aid or encourage]
(c) Victims of crime cannot be accomplices [protected class]
How can an accomplice withdraw before a crime is committed?
One who only encourages the principal may withdraw simply by repudiating the encouragement before the crime is committed.
Aider: One who aids must either neutralized the assistance or otherwise prevent the crime from happening.
Massachusetts Joint Venture Rule for Defining Accomplice Liability
Elements: D will be considered a “joint venturer” if he or she:
(a) Knowingly participated in the commission of the crime;
(b) with the mental state required for the offense
Scope of liability: Joint venturer is guilty of the principal’s crime.
How does a joint venturer withdraw in MA?
(1) Communicates his withdrawal to the other participants; AND
(2) Does so early enough to give the other parties a reasonable opportunity to withdraw as well.
What is the common law approach to “accessory after the fact”?
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.
MA Distinction: No accessory after the fact liability for certain family members, including spouses, parents, gparents, siblings, and children.
What is the standard for enterprise liability for corporations and their agents?
General rule: When a corporate agent engages in criminal conduct, both the corporation and the agent may be held criminally liable, provided the agent is acting:
(a) on behalf the corporation; and
(b) within the scope of his or her office.
For public welfare offenses: agent can also be held liable if they stand in “reasonable relation to the situation” that created a public danger.
