W2 - Accomplices Flashcards
Under US common law, principle criminal and accomplices are ___
divided between principles and accessories to the crime
A first degree principle generally___
commits the actus reus of the crime
Second degree principles generally___
are physically present and “aid and abet”
What defines an ACSESSORY AFTER THE FACT?
they aid after the crime has been committed (ex destroying evidence)
For accomplices, what is sufficient “assistance or support”?
It’s very broad. Can include encouraging, counselling, ordering
An accomplice will be criminally responsible if they___
perform an affirmative act to support the principle, even through words of encouragement
Would a mere bystander be an accomplice?
No
What level of knowledge is required fora person to be an accomplice?
it’s split between States and the Feds. Federal court requires specific intent, and some states allow for general intent
What is the innocent instrumentality rule?
Will hold the planner of a criminal event (the one “behind the scenes”) as the principle offender if the one who limits the actus reus of a crime is an innocent (ex. a child)
Can an accomplice be convicted if the principle is acquitted? What about vice versa?
yes, also yes vice versa
What is Pinkerton liability?
liability for conspiracy would only not occur when the co-conspirator committed a crime that was not reasonably foreseeable to the defendant
Can closely related conspiracies be considered a larger one?
only if a participant has knwolage of all the conspiracies People v Bruno
