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Criminal FYLSE > Page 13 > Flashcards

Page 13 Flashcards

0
Q

What is required for the act component to be an accomplice?

A

Give assistance/encouragement or fail to perform a legal duty to prevent it

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1
Q

Can encouragement happen a long time before a crime is committed and you can still be guilty of accomplice liability?

A

Yes

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2
Q

Is it possible for encouragement under accomplice liability to be communicated to the principal through an intermediary?

A

Yes

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3
Q

What are some examples of giving assistance that would count under accomplice liability?

A

Providing money, guns, supplies, being a lookout, driving a getaway car, etc.

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4
Q

If you have a duty to prevent a crime, but you don’t, can you be liable for accomplice liability?

A

Yes

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5
Q

Under the common-law, if you yell words of encouragement to someone that is deaf or unaware of your presence, can you be guilty of accomplice liability?

A

No

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6
Q

Under the MPC if you aid/attempt to aid a crime, and you have no impact on the crime, can you be guilty of accomplice liability?

A

Yes, because the focus is on the defendant’s blameworthiness

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7
Q

What are the two things that are required for mental state for accomplice liability?

A
  • intent to assist the commission of the crime

- intent that the principal actually commit the crime

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8
Q

If you intentionally engage in the act, is that enough to meet the mental requirement for accomplice ability?

A

No, you must intentionally assist the crime

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9
Q

What are the three tests to determine your purpose for mental state for accomplice liability?

A
  • nexus
  • stake in the venture
  • MPC
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10
Q

What is the Nexus test for accomplice liability?

A

If there’s a connection/relationship between the accomplice and principle, it can show the purpose of aiding

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11
Q

What is the stake in the venture test for accomplice liability?

A

Look at how much the accomplice sought to gain. Ie: kickbacks

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12
Q

What is the MPC test to determine purpose for accomplice liability?

A

Defendant must have the purpose of promoting/facilitating the commission of the crime

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13
Q

If you were misled about the circumstances, and intended to aid, can you be liable for accomplice liability?

A

Sometimes no

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14
Q

If you help to break into a house that you were told you had permission to enter, will you be guilty of accomplice liability?

A

Probably not

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15
Q

If you act as an accomplice with the intent to report the person to the police, will you be liable for accomplice liability?

A

No, if you don’t have the mental state to commit the act

16
Q

What two things are required to be an accomplice?

A

Aid plus knowledge

17
Q

How does willful blindness play into accomplice liability?

A

To be an accomplice, the defendant must have wanted the venture to succeed, which implies that he knew what it was

18
Q

What is the split in authority over mental state for accomplice liability?

A
  • CL: D had to intend to give aid, and intend that a crime take place
  • Other view: D had to intend to help with the mental state required for the completed offense (could be recklessness)
  • MPC: D had to act with knowledge that another was committing a crime, and knowingly facilitate its commission
19
Q

Because a principal must know of the accomplice’s intentions, what kind of things are not enough for accomplice liability?

A

Just being present at the scene, refusing to intervene, prior relationship, presence plus flight, approving of another’s conduct

20
Q

How can the act component of accomplice liability be satisfied even without a physical act?

A

Assisting/encouraging reckless or negligent behavior

21
Q

What is an example of assisting/encouraging reckless or negligent behavior that could be considered an act for accomplice liability?

A

Allowing a drunk person to drive your car

22
Q

What is the split of authority on assisting reckless/negligent behavior being an act for accomplice liability?

A
  • some courts say giving assistance to someone that will engage in conduct dangerous to life is enough
  • others say it isn’t because you have to have actual intent to assist the crime
23
Q

What happens for accomplice liability in a situation where a person gives assistance in knowing a crime will result, but doesn’t care if it actually happens?

A

Split:

  • CL: knowledge is enough if it was enough for the completed crime
  • MPC: knowledge isn’t enough, must have intent for crime to happen. Defendant must have knowledge plus a stake in the venture
24
Q

If you sell sugar to someone knowing they will make whiskey, and the target offense involves knowingly making illegal liquor, what does the MPC and the common law say about this?

A
  • CL: guilty of accomplice liability

- MPC: must’ve had a stake in the venture, or intent for the crime to happen

25
Q

Currently the majority position is what as far as a principle’s guilt determining accomplice’s guilt?

A

Accomplices can now be convicted even though the principal was acquitted, but guilt of the principal must be shown as proof against the accomplice

26
Q

What are three exceptions to accomplice liability?

A
  • protected class
  • MPC necessary party rule
  • crime’s definition
27
Q

What is the protected class exception to accomplice liability?

A

You can’t be an accomplice if you assisted a crime that you’re part of the protected class of

28
Q

Why can’t a girl who seduced an older man to have sex with her be liable as an accomplice to statutory rape?

A

Because she is part of the class that the statute was meant to protect

29
Q

What is the MPC necessary party rule?

A

If the crime requires two people and the statute only punishes one of them, you can’t convict the other as an accomplice. Ie: bribery/prostitution

30
Q

What is the definition exception to accomplice liability?

A

Some crimes can only be committed by certain people. Ie: incest/rape

31
Q

Can someone that can’t directly commit a crime be liable by acting as an accomplice to someone that can?

A

Yes, like in a rape situation

Criminal FYLSE (52 decks)

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