Parties to a Crime Flashcards
What 2 Things are needed to establish Accomplice Liability
1) The means rea to commit the crime
2) An act designed to asset in the commission of the crime
A person who directly commits the criminal act is …
A principal in the 1st degree
Who is a Principal in the second degree
(3 elements)
A Person who
1) Has the intent to Assist P1 to commit the crime
2) Aids, supports, or encourages
3) and Is “present” at the commission of the crime
Who is an accessory before the fact
(3) Elements
A person who
1) has the intent to assist P1 to commit the crime
2) Assists prior to the crime
3) but is NOT present
What Crimes are P2’s and ABFS guilty of ?
They are guilty of the substantive crime itself. Being a P2 or ABF is not a separate offense
To be guilty as a P2 or ABF the D must ….
Aid P1 before the crime is completed
A larceny is a….
continuing offense, so anyone who knows that the property is stolen and assists in its transportation or disposition is guilty
What is the Innocent Agent Doctrine ?
When D uses a unknowing person to accomplish the criminal act (the person will not be guilty as a P2)
P2’s and ABFs are punished the same as P1’s except for
Aggravated murder, they can only be sentenced to 20 years to life as opposed to life without parole
AAF (3 elements)
1) Principal actually committed the crime
2) AAF knew Principal committed the crime
3) AFF provides assistance, relief or comfort to the Principal
What Crime is an AFF guilty of
They are not guilty of the substantive offense, typically they are guilty of only a separate misdemeanor
Who cannot be an AFF
Close family members and employees
