Liability Exposure

Question 1

Accomplice Liability: When is one criminally liable as an Accomplice

Answer 1

Liable when….

1. Gives assistance to crime, OR Fails to act where there is legal duty to oppose the crime of another, AND
2. Purposefully intends to effectuate the commission of the crime

Question 2

Accomplice Liability: Elements

Answer 2

Actus Reus

1. Provide assistance to crime
   - may be verbal encouragement
   - Not needed to be significant

Mens Rea
1. Intent for crime to occur

Question 3

Accomplice Liability: Liability for Crimes in addition that assisted

Answer 3

Majority: Culpable for other crimes that are the natural probable consequence of the crime assisted or encouraged

MPC: D must have state of mind necessary to be guilty of those crimes

Question 4

Accomplice Liability: How to avoid culpability?

Answer 4

1. Withdrawal of aid, OR
2. Provide timely notice to police, OR
3. Other proper effort to avoid the crime

Question 5

Causation: Definition

Answer 5

When crime is defined to require not only the conduct, but also a specific result, the conduct must be both Cause-in-fact and proximate cause of the specified results

Question 6

Causation: Cause-in-fact

Answer 6

“But-for” the D’s conduct, the result would not have happened

Question 7

Causation: Proximate Cause

Answer 7

1. Result must be reasonably foreseeable consequence

2. Sufficiently direct link between action and result

Question 8

Causation: Intervening Causes

Answer 8

Generally, an intervening act will shield the D from liability if the act is a coincidence or outside foreseeable sphere of risk caused by D’s act