Accomplice Liability

Question 1

At common law, parties to a crime included:

Answer 1

principals in the first degree
principals in the second degree
accessories before the fact
accessories after the fact

Question 2

The principal

Answer 2

The one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result.

Question 3

Accomplice

Answer 3

One who aids, advises, or encourages the principal in the commission of the crime charged.

Question 4

In order to be convicted of a substantive crime as an accomplice, the accomplice must have

Answer 4

(1) intent to assist the principal in the commission of a crime; and
(2) the intent that the principal commit the substantive offense.

Question 5

What is withdrawal?

Answer 5

A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice. Withdrawal must occur before the crime becomes unstoppable.

Question 6

If the person encouraged the crime, how do they withdraw?

Answer 6

If the person encouraged the crime, the person must repudiate the encouragement. “No, don’t kill Joe.”

Question 7

If the person aided by providing assistance to the principal, how to they withdraw?

Answer 7

Person must do everything possible to neutralize the asistance.

Question 8

Is notifying the police sufficient withdrawal?

Answer 8

Yes, notifying the police or taking other action to prevent the crime is also sufficient. A mere withdrawal from involvement without taking any additional action is not sufficient.