Liability for the Conduct of Others: Accomplice Liability

Question 1

What is the person who commits the crime called?

Answer 1

The principal.

Question 2

What is the person who helps commit the crime called? What act is required? mental state?

Answer 2

The accomplice.

Act: Aiding and encouraging the prinicipal,

Mental State: with the specific intent that the crime be committed.

Question 3

What is the modern law approach to accomplice liability?

Answer 3

Individuals can be held responsible for the crimes of
others if the government shows:

1. The defendant provided assistance to the person committing the crime; and
2. Defendant did so intentionally.

Question 4

What are the four categories of parties to the crime under the common law approach to accomplice liability?

Answer 4

1. Principal in the First Degree
2. Prinicpal in the Second Degree
3. Accessory Before the Fact
4. Accessory After the Fact

Question 5

Under the common law approach to accomplice liability, who is considered a principal in the first degree?

Answer 5

Is the criminal actor principal.

One who, with the requisite criminal intent, is present at the scene of the crime, and commits at least one element of the crime, or does so through an agent.

THIS IS NOT A CRIME

Question 6

Under the common law approach to accomplice liability, who is considered a principal in the second degree?

Answer 6

Is one who not only is present, but also commits some overt act (e.g., inciting, encouraging, advising, or assisting); OR shares in perpetrators criminal intent (e.g., procures, encourages, countenances, or approves commission of the crime).

Examples: lookout, get-away driver

THIS IS NOT A CRIME

Question 7

Under the common law approach to accomplice liability, who is considered an accessory before the fact?

Answer 7

One who is:

a. NOT present at the scene of the crime, but
b. Provides assistance ahead of time (i.e. orders, counsels, encourages, or funds the crime).

THIS IS NOT A CRIME

Question 8

Under the common law approach to accomplice liability, who is considered an accessory after the fact?

Answer 8

Accessory After the Fact: To commit the separate common law offense of being an “accessory,” a defendant must:

(a) Assist a principal who has committed a felony
(b) with knowledge that the crime has been committed,

AND

(c) with the intent to help the principal avoid arrest or conviction.

Question 9

What is rule regarding the scope of accomplice liability?

Answer 9

THE RULE: The accomplice is guilty of –

(i) all crimes that he aided or encouraged (just as if he did it), and
(ii) all other foreseeable crimes committed along with the aided crime. (derivative liability)

Question 10

In regards to accomplice liability, what is the common law rule regarding the unprosecuted principal?

Answer 10

If the principal was not prosecuted or had an individual defense (e.g., insanity), the accomplice was not guilty.

Question 11

In regards to accomplice liability, what is the modern law rule regarding the unprosecuted principal?

Answer 11

Most jurisdictions have abolished the distinctions between principals in the first degree, principals in the second degree, and accessories before the fact. Thus, all parties to the crime can be found guilty, regardless of whether the principal has been prosecuted.

Question 12

What persons are not considered accomplices?

Answer 12

• Mere presence (must actually help)
• Mere knowledge (must actually intend to aid or encourage)
• Members of the protected class. The victim of the crime cannot be an accomplice.

Question 13

What happens when an accomplice changes his mind? How can he withdraw?

Answer 13

(a) Encourager: An accomplice who only “encouraged” the principal may withdraw simply by discouraging the crime (before it is committed).
(b) Aider: An accomplice who actually helped the principal must either neutralize the assistance or prevent the crime from happening (including notifying the authorities).

Question 14

In VA, what is the rule regarding the scope of accomplice liability? Are there any exceptions?

Answer 14

THE RULE: In felony cases every principal in the 2nd degree and accessorys before the fact may be indicted, tried, convicted, and punished in all respects as if a principal in the first degree (all treated as principals).

• Exception: Only the actual murderer can get the death penalty – a principal in the second degree or accessory before the fact can get a maximum punishment of life, unless it is a case of murder fro hire or an act of terrorism.
• Note Again: Accessory after the fact is a separate crime.

Question 15

In VA is a conviction of the principal required for there to be accomplice liability?

Answer 15

It is NOT necessary for the principal in the first degree to be convicted of the offense; however, it must be shown that a crime has been committed by the principal before the accessory can be convicted.

Question 16

In VA, what is the rule regarding withdrawl for accomplice liability?

Answer 16

Regardless of whether the person has aided or encouraged, in order to withdrawal and escape criminal liability for the completed felony must:

a. Before completion of the felony,
b. Withdraw all aid and encouragement as evidenced by acts or words, showing confederates disapproval of opposition to the contemplated crime.

NOTE: It is essential that the withdrawal is made in due time, and that the withdrawer does everything possible to detach himself from the criminal enterprise and to prevent consummation.