Parties to a Crime - Accomplice Liability

Question 1

Define

Principal

Answer 1

The person who commits the crime

NOTE - the principal must be guilty for the accomplice to be liable - but the principal need not be convicted (he just can’t be acquitted)

Question 2

Define

Accomplice

Answer 2

a person who assists or encourages the principal with the intent that the crime is committed.

Examples - mere words, supplying a person with materials or supplies, acting as a getaway driver.

NOTE - accomplice also needs the specific intent that the crime be committed.

Question 3

Michigan Law

Aiding and Abetting

To support a finding that a defendant aided and abetted a crime, the prosecutor must show:

Answer 3

1. The crime charged was committed by the defendant or some other person
2. The defendant performed acts or gave encouragement that assisted the commission of the crime, and
3. The defendant intended the commission of hte crime or had knowledge that the principal intended its commission at the time he gave aid and encouragement

Question 4

Exclusions from Liability

who is NOT considered an accomplice?

Answer 4

1. Necessary Parties - if the statute requires more than one participant in order to complete the crime. ex - adultery, or dueling.
2. Victime of a crime (the law is trying to protect them!)

ex - sale of alcohol to minor, statutory rape

Question 5

Scope of Liability

What can an accomplice be liable for?

Answer 5

a. all crimes that the accomplice aids or encourages, and
b. all “natural and probable results” of the crime that the accomplice intended to assist

Question 6

Withdrawal

When can an accomplice avoid criminal liability

Answer 6

1. Repudiating encouragement if he provided encouragment - “no don’t light the fire”
2. Undoing the assistance if he provided aid - get the match back
3. Notifying authorities or otherwise prevent the crime from happening

Question 7

Accessory after the fact

One is an accessory after the fact if he:

Answer 7

1. knowingly assists a person who has committed a felony
2. with knowledge that a felony has been committed and with
3. intent to help the principal avoid arrest, trial, or conviction.

NOTE - thta an accessory after the fact is not liable for the FY itself. He is liable under a theory of obstruction of justice.