Liability for the Conduct of Others

Question 1

Principal

Answer 1

Person who commits the crime

Question 2

Accomplice

Answer 2

Person who helps the principal through either
(1) aid OR
(2) encouragement
with the intent that the crime be committed.

Question 3

Accomplice liability

Answer 3

The accomplice is guilty of:

(1) all crimes that he aids or encourages (just as if he did it), AND
(2) all other foreseeable crimes committed along with the aid crime

Question 4

What are the two important principles for when a person is NOT an accomplice?

Answer 4

MERE PRESENCE at the scene of the crime does not make someone an accomplice; he or she must actively aid or encourage the principal.
MERE KNOWLEDGE of the crime does not make someone an accomplice; he must INTEND to aid or encourage the principal.

Note: In NY mere knowledge can create liability for criminal facilitation

Question 5

Withdrawal

Answer 5

An accomplice can avoid criminal liability by withdrawing before the crime is committed. Withdrawal depends on whether the accomplice is an encourager or an aider.

(1) Encourager: an accomplice who only encouraged the principal may withdraw simply by repudiating the encouragement before the crime is committed
(2) Aider: an accomplice who actually helped the principal must either neutralize the assistance or otherwise prevent the crime from happening.

Question 6

Withdrawal

Answer 6

Withdrawal is an affirmative defense to accomplice liability for the substantive offense, other than an attempt, if the accomplice

(i) voluntarily and completely renounced his criminal purpose
(ii) withdraws prior to commission of the offense; and
(iii) makes a substantial effort to prevent the crime

Question 7

Accessory after the Fact

common law

Answer 7

Defendant must:

(1) help a principal who has committed a felony
(2) with knowledge that the crime has been committed, AND
(3) with the intent to help the principal avoid arrest or conviction

Question 8

Accessory after the Fact

statutory approach

Answer 8

In may jurisdictions, accessories after the fact at common law now commit statutory crimes, such as “obstruction of justice,” “harboring a fugitive,” or (as in NY) “hindering prosecution”

Question 9

Enterprise Liability

Answer 9

When a corporate agent engages in criminal conduct, both the corporation AND the agent may be held criminally liable, provided the agent is acting:

(1) on behalf of the corporation; and
(2) within the scope of his or her office

Question 10

Public Welfare (under enterprise liability)

Answer 10

When a corporation commits a regulatory offense involving public health or safety, its agent can also be held criminally liable, provided the agents stand in “responsible relation to the situation” that created a public danger

Question 11

Accomplice

NY Distinction

Answer 11

When a principal engages in conduct that constitutes an offense, a person is criminally liable for the principal’s conduct when, with the mental culpability required for the offense, he solicits, requests, commands, importunes, or intentionally aids the principal to engage in such conduct

Question 12

Criminal Facilitation (and defense)
(NY Distinction)

Answer 12

(i) the facilitator has knowingly aided in the commission of a crime but his culpability does not reach accomplice level;
(ii) the facilitator need only believe that it was probable that he was rendering aid;
(iii) the conduct alleged must have aided in the commission of the object felony; and
(iv) the facilitator may not be convicted on uncorroborated testimony of the person facilitated.
Note: An affirmative defense exists for a facilitator who takes steps to prevent they felony

Question 13

Withdrawal (accomplice liability)

NY Distinction

Answer 13

Withdrawal is an affirmative defense to accomplice liability for the substantive offense, other than an attempt, if the accomplice:

 (i) voluntarily and completing renounces his criminal purpose;
 (ii) withdraws prior to commission of the offense; and
 (iii) makes a substantial effect to prevent the crime

Question 14

What are the factors not constituting a defense for accomplice liability?
(NY Distinction)

Answer 14

An accomplice is not absolved of liability:

(i) by defenses of the principal;
(ii) by failure of the state to prosecute the principal; or
(iii) if the offense is defined so that the accomplice could not commit the offense in an individual capacity

Question 15

Corroboration (accomplice liability)

NY Distinction

Answer 15

A person may not be convicted solely upon the uncorroborated testimony of an accomplice, except in police disciplinary hearings.