parties to a crime

Question 1

accomplice

Answer 1

accomplice liability is a way to link an accomplice to a crime committed by someone else

-the accomplice can be charged as if they were the principal (the person who committed the crime)

Question 2

accomplice rule

Answer 2

the D is criminally responsible as a accomplice if:
1. they commit some act (or omission w/duty to act)
2. that facilitates the principal’s commission of the crime (or attempt), including encouragement
3. with the intent of bringing about the commission of the crime

Question 3

mens rea for accomplice liability

Answer 3

must be shown that the D intended to commit the acts of assistance or encouragement, and
further intended to assist or encourage another to commit the crime charged

-Modern (minority): Accomplice liability may be established when a provider of goods or services has knowledge that he is assisting in the commission of a crime and benefits (seller knows buyer will commit arson and sells him an explosive device).

Question 4

scope of accomplice liability

Answer 4

Accomplices are responsible for crimes that they purposefully facilitated AND all others that are reasonably foreseeable outgrowths of the primary crime.

(objective test) no defense that the accomplice did not expect the crimes to happen.

Question 5

defenses for an accomplice

Answer 5

renunciation: an accomplice may avoid accomplice liability, before the crime begins, if they:
-stopped assisting and encouraging the principal; and
-effectively communicated to the principal their intent to withdraw

minority: A minority of jurisdictions require the accomplice to neutralize their prior assistance or encouragement.

Question 6

principal in the first degree (CL)

Answer 6

The trigger puller – the perpetrator who performs the act with the requisite mental state.

Question 7

principal in the second degree (CL)

Answer 7

One who aids or abets and is present at the scene (getaway driver).

Question 8

accessory before the fact (CL)

Answer 8

One who aids or abets but is NOT present at the scene.

Question 9

accessory after the fact (CL)

Answer 9

One who aids or abets the principal after the commission of the crime.

Requires proof:
- of a completed felony;
- that the accessory knew of the commission of the felony; and
- that the accessory personally gave aid to the felon to hinder their apprehension, conviction, or punishment

*In all modern Jurisdictions one who meets the requirements to be a common law accessory after the fact is charged with a distinct crime, such as hindering apprehension or obstruction of justice, not with the crimes committed by the principal.