Modes of Liability

Question 1

Accomplice Liability

Answer 1

criminal liability for those who aid another in committing a crime (assists, counsels, encourages, facilitates, advises, commands, etc)

Question 2

Elements of Accomplice Liability

Answer 2

(1) Anyone who in any way helps another person commit a crime
(2) With the intent to “facilitate” the commission of the crime
(3) Is EQUALLY as culpable as the one who commits the crime
(4) AND can be culpable for other crimes which are a “natural and probable” consequence of the underlying crime

Question 3

Limitations on Accomplice Liability

Answer 3

Mere presence is not enough, one must make some “affirmative act” with the intent of facilitating the crime (mens rea)
Innocent or unwitting agents are not principals, but the one who effects the crime is the principal and not an accomplice (Case: officers kill man after sent by another who escalated blind individual

Question 4

Conspiracy Liability

Answer 4

Pinkerton rule: conspirators are vicariously liable for crimes that were part of the conspiracy or “reasonably foreseeable”, which means objectively and not subjectively foreseeable considering the circumstances

Question 5

When a PRINCIPAL commits a crime other than the target crime, an ACCOMPLICE is liable for that crime if it was…

Answer 5

a NATURAL AND PROBABLE CONSEQUENCE OF THE CRIME the ACCOMPLICE aided and abetted

Question 6

When a CO CONSPIRATOR commits a crime other than one contemplated but the conspiratorial agreement, the other CONSPIRATORS are liable for that crime it was…

Answer 6

a REASONABLY FORESEEABLE consequence of the intended crime