Page 13 Flashcards
What is required for the act component to be an accomplice?
Give assistance/encouragement or fail to perform a legal duty to prevent it
Can encouragement happen a long time before a crime is committed and you can still be guilty of accomplice liability?
Yes
Is it possible for encouragement under accomplice liability to be communicated to the principal through an intermediary?
Yes
What are some examples of giving assistance that would count under accomplice liability?
Providing money, guns, supplies, being a lookout, driving a getaway car, etc.
If you have a duty to prevent a crime, but you don’t, can you be liable for accomplice liability?
Yes
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?
No
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?
Yes, because the focus is on the defendant’s blameworthiness
What are the two things that are required for mental state for accomplice liability?
- intent to assist the commission of the crime
- intent that the principal actually commit the crime
If you intentionally engage in the act, is that enough to meet the mental requirement for accomplice ability?
No, you must intentionally assist the crime
What are the three tests to determine your purpose for mental state for accomplice liability?
- nexus
- stake in the venture
- MPC
What is the Nexus test for accomplice liability?
If there’s a connection/relationship between the accomplice and principle, it can show the purpose of aiding
What is the stake in the venture test for accomplice liability?
Look at how much the accomplice sought to gain. Ie: kickbacks
What is the MPC test to determine purpose for accomplice liability?
Defendant must have the purpose of promoting/facilitating the commission of the crime
If you were misled about the circumstances, and intended to aid, can you be liable for accomplice liability?
Sometimes no
If you help to break into a house that you were told you had permission to enter, will you be guilty of accomplice liability?
Probably not
If you act as an accomplice with the intent to report the person to the police, will you be liable for accomplice liability?
No, if you don’t have the mental state to commit the act
What two things are required to be an accomplice?
Aid plus knowledge
How does willful blindness play into accomplice liability?
To be an accomplice, the defendant must have wanted the venture to succeed, which implies that he knew what it was
What is the split in authority over mental state for accomplice liability?
- 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
Because a principal must know of the accomplice’s intentions, what kind of things are not enough for accomplice liability?
Just being present at the scene, refusing to intervene, prior relationship, presence plus flight, approving of another’s conduct
How can the act component of accomplice liability be satisfied even without a physical act?
Assisting/encouraging reckless or negligent behavior
What is an example of assisting/encouraging reckless or negligent behavior that could be considered an act for accomplice liability?
Allowing a drunk person to drive your car
What is the split of authority on assisting reckless/negligent behavior being an act for accomplice liability?
- 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
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?
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
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?
- CL: guilty of accomplice liability
- MPC: must’ve had a stake in the venture, or intent for the crime to happen
Currently the majority position is what as far as a principle’s guilt determining accomplice’s guilt?
Accomplices can now be convicted even though the principal was acquitted, but guilt of the principal must be shown as proof against the accomplice
What are three exceptions to accomplice liability?
- protected class
- MPC necessary party rule
- crime’s definition
What is the protected class exception to accomplice liability?
You can’t be an accomplice if you assisted a crime that you’re part of the protected class of
Why can’t a girl who seduced an older man to have sex with her be liable as an accomplice to statutory rape?
Because she is part of the class that the statute was meant to protect
What is the MPC necessary party rule?
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
What is the definition exception to accomplice liability?
Some crimes can only be committed by certain people. Ie: incest/rape
Can someone that can’t directly commit a crime be liable by acting as an accomplice to someone that can?
Yes, like in a rape situation
