Criminal Law - Parties to Crime and Liability for the Conduct of Others

Question 1

Principal - Definition

Answer 1

The person who commits the crime

Question 2

Accomplice - Definition

Answer 2

The person who helps the principal

Question 3

Accomplice - Act Definition

Answer 3

Aiding or encouraging the principal

Question 4

Accomplice - Mental State

Answer 4

the intent that the crime is committed (the crime the principal commits)

Question 5

Accomplice - Mental State (Recklessness and Negligence Crimes)

Answer 5

If the principal’s crime requires a mental state of recklessness of criminal (gross) negligence, most jurisdictions hold and accomplice liable for intentional conduct that aids the principal and manifests the required recklessness/negligence

Question 6

Accomplice - The Rule

Answer 6

The accomplice is guilty of:

1. all crimes that he aids or encourages; and
2. all other foreseeable crimes committed along with the aided crime

Question 7

When a person is NOT and Accomplice - 2 Important Principals

Answer 7

1. Mere PRESENCE at the scene of a crime does not make someone and accomplice; he/she must ACTIVELY aid/encourage
2. Mere knowledge of the crime does not make someone and accomplice; must have INTENT to aid/encourage the principal

Question 8

Accomplice - Withdrawal

Answer 8

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.

Question 9

Accomplice - Withdrawal (Encourager)

Answer 9

An accomplice who only “encouraged” the principal may withdraw simply by repudiating or discouraging the encouragement before the crime is committed

Question 10

Accomplice - Withdrawal (Aider)

Answer 10

An accomplice who actually helped the principal must either neutralize the assistance or otherwise prevent the crime from happening