Liability (Actus Reus + Mens Rea and Causation)

Question 1

What does it mean for conduct to be the “proximate cause” of a result?

Answer 1

The result is natural and foreseeable

Question 1

What is the required intent for accomplice liability?

Answer 1

(1) Intent to assist the principal and (2) Intent for the principal to accomplish their crime.

If the principal crime is a crime of recklessness/negligence, intent is satisfied where the accomplice had (1) intent to facilitate commission of the crime and (2) acted with criminal recklessness or negligence.

Question 2

When do intervening acts break the chain of causation?

Answer 2

When they are a coincidence or outside of the sphere of foreseeable risk

Question 3

What is the doctrine of transferred intent?

Answer 3

The defendant may be found to have the required mens rea for a crime when he intended the harm actually caused to a different object or victim.

Question 4

When does the doctrine of transferred intent apply?

Answer 4

To homicide, battery, and arson.

Question 5

Who is an accessory after the fact?

Answer 5

Anyone who, with knowledge that a crime has been committed, aids a principal in evading arrest or punishment.

Question 6

What satisfies the actus reus for possession?

Answer 6

Contraband was within a person’s control for a sufficient time to terminate possession, or in an area within a person’s control (constructive)

Question 7

When may withdrawal be a defense to accomplice liability?

Answer 7

When withdrawal was made prior to the crime being committed, and the accomplice repudiated encouragement or neutralized assistance

Question 8

What distinctions between principals and accomplices are retained under modern statutes?

Answer 8

Distinction between principals (party who actually committed a crime), accomplices (party who aided/advised/encouraged principal before or during the crime), and accessories after the fact

Question 9

What is the effect of the conviction of the principal on accomplice liability under modern statutes?

Answer 9

There is no effect; accomplices can be convicted of principal offense regardless of the conviction of the principal

Question 10

What is the scope of accomplice liability?

Answer 10

Accomplices are liable for the principal offense and any other crimes committed by the principal which are foreseeable.