Principals, Accomplices, Aiders, and Abettors Flashcards
Principals
Ds whose acts or omissions form the actus reus of the crime
There can be more than one to a particular crime
Accomplices
People who assist the principal either before or during the commission of a crime
Must act with intent if assisting principal to commit the crime
Liability of Accomplices
Liable as accomplice for both:
(1) The PLANNED CRIME; and
(2) ANY OTHER FORESEEABLE CRIMES that occur in the course of the criminal act
Can be principally liable even if he or she cannot be a principal or even if the principal cannot be convicted
Accomplice Exception
A person protected by a statute cannot be an accomplice in violating the statute
Ex: Statutory rape minor
Accessories After the Fact
People who assist D after the crime has been committed
Aiders/Abettors and Conspiracy
Individuals who aid or abet a D to commit a crime may also be guilty of conspiracy if there was an agreement to commit the crime and an overt act was taken in furtherance of that agreement
Mental States of Accomplices
(1) Purpose of promoting or facilitating the commission of the offense; and
(2) Intend that their acts will assist or encourage the criminal conduct
Criminal Facilitation
A person who is not guilty of the substantive crime (because he did not act with intent) may be guilty of the lesser offense of criminal facilitation for simply assisting