Accomplice Liability Flashcards
A principle in the first degree (P1) is…
the criminal actor, the one who commits the crime.
A person who commits a crime through an innocent agent is…
a principle in the first degree, even if not present at the time and place of the offense.
A principle in the second degree (P2) is…
one who not only is present at a crime’s commission but also who commits some overt act or shares the perpetrator’s criminal intent.
What alone is not sufficient evidence to establish a P2 conviction?
Mere presence during the commission of a crime and subsequent flight.
An accessory before the fact (ABF) is one who is not present when the offense is committed but who…
orders, counsels, encourages, or otherwise aids and abets another to commit an offense.
An accessory after the fact (AAF) is one who…
knows an offense has been committed and assists the felon in escaping punishment.
In Virginia, who is excluded from AAF liability?
close family members.
In felony cases, every ______ and ______ may be indicted, tried, convicted, and punished in all respects as if P1.
principle in the 2nd degree;
accessory before the fact
Is a conviction of P1 required for a conviction of a P2 or ABF?
No, however it must be shown that P1 committed the crime.
There is _____ without the requisite mental state.
no liability
When no single piece of evidence ties an accessory before the fact defendant to a killing…
the jury may convict the defendant as an ABF based on a totality of the evidece.
When a crime results as one of the _______ of the parties’ actions, all who participate in bringing it about are liable, whether or not the crime was originally contemplated.
incidental probable consequences
