Group Liability Flashcards
Accomplice Liability
Liability for a crime despite not completing all of its elements through completion of the crime by another party
Principal
The main actor, the one who commits the charged offense
Accomplice
The party that aids and abets in the accomplishment of the crime may be convicted of the same offense and punishment as the principal
Accomplice Liability Elements
- The party must willfully and knowingly associate themselves with the crime;
- AND seek by some act to help make the crime succeed (aid and abet);
- AND have knowledge of the full extent of the crime that is advanced or otherwise enables him to make a relevant legal choice (to walk away)
Motive is NOT Intent
So long as D acts/intends to accomplish the crime, it is irrelevant as to why she chose to engage in the act except in narrow circumstances. Rosemon v. United States (J. Alito, Concurring in part, Dissenting in part)
Conspiracy
The crime of planning/agreeing to commit a crime
Pinkerton Liability
Some jurisdictions allow for co-conspirators to be held jointly liable when another party of the conspiracy commits a crime that was not agreed upon