Principals, Accomplices, Aiders and Abettors

Question 1

Children

Answer 1

Under age of 7: never capable of committing a crime

Age 7-14: rebuttable presumed to be incapable of committing crimes

Age 14-17: could be charged as adults

Question 2

Principals

Answer 2

Defendants whose acts or omissions form the actus reus of the crime.

Can have more than one principal to a particular crime.

Question 3

Accomplices

Answer 3

People who assist the principal either before or during the commission of a crime. Same degree of responsibility as the principal.

Must act with the intent of assisting the principal to commit the crime; bystanders, even approving ones, are not accomplices.

Liable for both the planned crime and any other foreseeable crimes that occur in the course of the criminal act. Can be liable even if the principal cannot be convicted.

Exception: A person protected by a statute cannot be an accomplice in violating the statute.

Question 4

Accessories After the Fact

Answer 4

People who assist the defendant after the crime has been committed (e.g., obstruction of justice or harboring a fugitive).

Generally not guilty of primary crime, but can be of secondary crime (e.g., a financial crime like money laundering).

Question 5

Aiders/Abettors and Conspiracy

Answer 5

Individuals who aid or abet a defendant to commit a crime may also be guilty of the separate crime of conspiracy if there was an agreement to commit the crime and an overt act was taken in furtherance of that agreement.

Question 6

Mental State of Accomplices (Majority and MPC)

Answer 6

The accomplice must act with purpose of promoting or facilitating the commission of the offense; the accomplice must INTEND that her acts will assist or encourage the criminal conduct.

Question 7

Mental State of Accomplices (Minority)

Answer 7

The accomplice is liable if he intentionally or knowingly aids or causes another person to commit an offense.