Criminal law: Accomplice liability

Question 1

the 3 parties to a crime

Answer 1

1. Principle
2. Accomplice
3. Accessory after the fact

Question 2

Principal

Answer 2

persons that engaged in the criminal act or omission with the required mental state

Question 3

Accomplice: definition

Answer 3

persons that aided, counseled, or encouraged the principal with the intent that crime be committed;

such aid, etc. may occur either before or during the crime

Question 4

Accomplice: Mental State

Answer 4

accomplice liability requires that the person giving aid or encouragement to the principal specifically intends that the crime be successfully completed

if the accomplice has some purpose other than successful completion of the crime (e.g., to set a trap for the principal in which he is arrested), the accomplice is not guilty

mere knowledge that a crime may result from assistance is generally not sufficient

a person used as an ignorant “dupe” is not an accomplice (and the person using the dupe is a principal)

Question 5

Accomplice: when they are responsible

Answer 5

Accomplices are responsible for crimes they aid or encourage and for any other foreseeable (or probable) crimes committed during the course of the contemplated crime;

accomplices are often guilty of conspiracy as well

Question 6

Accomplice: if they withdraw aid before crime is committed

Answer 6

If an accomplice withdraws his or her aid or assistance before the crime is committed, this may be an effective defense, with the following caveats:

if the accomplice merely encouraged the commission of the crime, the accomplice’s repudiation of that encouragement is enough

if the accomplice provided some material assistance (e.g., a getaway car), the accomplice must at least attempt to neutralize the assistance by retrieving the material

if the above are impossible, the accomplice must notify the authorities or try to stop the crime before the chain of events leading to commission of crime occurs or becomes unstoppable

Question 7

Accessories after the fact

Answer 7

persons that assist felons in fleeing justice (felony must be complete at time aid is given) with the purpose of preventing a conviction; accessory after the fact is a separate crime with its own punishment

close relatives (e.g., spouse) of the felon are often exempt from prosecution as accessories after the fact