Parties to Crime Flashcards
What is an accomplice?
At common law, there were accomplices before the fact, after fact, and principals in the first degree and second degree.
Modernly, there are accomplices and accessories after the fact.
An individual is criminally liable as an accomplice if he gives assistance or encouragement or fails to act where he has a legal duty to oppose the crime of another and purposefully intends to effectuate the commission of the crime.
Act Requirement
Slight assistance or encouragement is sufficient. Mere presence does not make one an accomplice.
Mental State Requirement
At common law, the person must intend to commit the acts of assistance and encouragement and must further intend to encourage or assist another to commit the crime charged.
A minority create accomplice liability with a lower mental state - that of knowingly.
An accomplice is responsible for all other crimes that are the natural and probable consequence of the crime assisted or encouraged. The MPC limits liability to only the crime assisted.
Withdrawal or Abandonment
An accomplice may sever laibility for future crimes. He must communicate his withdrawal to his accomplices. Many jurisdictions require him to make efforts to neutralize his prior assistance or encouragement but does not have to thwart.
What are the common law pleading terms?
Principal in the First Degree - Actual perpetrator.
Principal in the Second Degree - One who si present and aids, abets, or encourages the commission of the crime with the requisite intent.
Accessory before the Fact - One who aids, abets, counsels, or encourages the commission of a felony, but is not present at the scene. Principal was required to be convicted at common law, not under the modern majority view. Same punishment as principal.
Accessory after the Fact - 1. A completed felony, 2. the accessory must have known of the commission of the felony, and 3. the accessory must have personally given aid to the felon to hinder the felon’s apprehension, conviction, or punishment.
Under modern law, accessories are not vicariously liable for crimes. More likely an obstruction charge.
