Page 12 Flashcards
What is the definition of a perpetrator?
Person that actually commits the crime
What are the modern divisions of accomplice liability?
Perpetrator and aider/abbettor
What is the definition of aider/abettor?
The person that assists, but doesn’t perpetrate
What are the two categories of aiders and abettors according to modern accomplice liability?
Those present at the scene, and those not
What is an example of an aider and abettor that is present at the scene?
Look out
If you come on a situation where someone is beating up your enemy and you shout encouragement to that person to kill your enemy, and they do, do you have accomplice liability?
Yes because you were present at the scene, you showed encouragement, and intended for the crime to be committed
If your actions have no impact on the defendant, are you guilty of accomplice liability?
Yes because all that is required is aiding and abetting and intent for the crime to be completed
According to common law and modern law, an accessory before the fact is vicariously liable for the actions of the perpetrator if what?
- the accomplice intended the crime to be committed
* the accomplice assisted in the commission
What are some ways you can assist in the commission of a crime?
Shout encouragement, drive the getaway car
What are the ways that common-law and modern law deal with accessory after-the-fact?
- CL: the person is vicariously liable
- Modernly: no vicarious liability, the person is just guilty of some other crime
What are the elements of accomplice liability?
- completed felony
- aider knew of the felony
- intent to promote/facilitate commission of the crime
- gave assistance/encouragement
If an aider made a mistake and thought a felony had been committed and it hadn’t, can he be guilty of accomplice liability?
No, because a completed felony must’ve occurred
If you are suspicious that a felony occurred, is that enough for accomplice liability?
No, there has to be knowledge
What are some acts that count as aid for accomplice after-the-fact?
Harboring and concealing felon, helping him escape, destroying evidence, giving false testimony to police
According to common law, can people lie to police and escape accomplice liability?
No
According to modern law, if you give a false answer to a question by police, does that make you liable for hindering prosecution and obstructing justice?
Only if you volunteer that information
What is misprision of felony?
Failure of a person with knowledge of the commission of a felony to bring the crime to the attention of proper authorities
Why is discussing misprision of felony a mistake on most exams?
Because modernly people don’t have a duty to prevent or report crimes, so these fact patterns want you to talk about conspiracy, vicarious liability, receiving stolen property, or maybe compounding
What is the common law exception to accomplice liability?
Wives are excused if they aid their husbands, as are most close relatives
What is compounding crime?
Taking consideration in exchange for agreeing not to prosecute or inform on another that committed an offense
Who can commit the crime of compounding?
Anyone in a position to provide evidence about or pursue prosecution of a crime, including the victim
What is an example of compounding crime?
Offering to give a witness money to keep their mouth shut
If a witness takes money in exchange for silence, he has committed what crime?
Compounding
Is compounding an important thing to find on exams?
No, but it might get you an extra point
What are the common elements of compounding?
- agreement not to prosecute
- knowledge of the actual commission of a crime
- taking consideration
What are some ways you can agree not to prosecute for compounding?
Abandoning, delaying, refraining from aiding prosecution, withholding evidence, not reporting a crime
What can be considered consideration for compounding?
Money or anything of value/advantage
Can you pass consideration to another for compounding?
Yes, but the party that takes the consideration is the only one criminally liable
At common law does the accessory’s conviction depend on the principle’s?
Yes, the principal must be found guilty before an accessory can be found guilty. If the principal’s conviction gets reversed, so will be accessory’s
Modernly must a principal be convicted before the accomplice can be?
No, accomplices can be convicted regardless of the principal’s status
Under the MPC when is a person an accomplice to the crime?
If with the purpose of promoting/facilitating the offense, he solicits the other to commit it, aids/agrees/attempts to aid another in commission, or fails to make proper effort to prevent it when he has a duty to do so
If someone gets killed by your accomplice during a drug deal, is that a foreseeable consequence of the felony?
Yes
Accomplices are liable for the what?
Reasonable and foreseeable consequences of the felony they aid
