ACCOMPLICE LIABILITY Flashcards
accomplice liability
form of derivative liability= complicity
imposes libabilty on one party for the actions of another
not its own crime= accomplice can be convicted of any offense primary party committed taht accomplice was complicit in
prinicipal in second degree
present during commission of the crime
accessory before and after the fact
not present during crime
CL mens rea
intent to render the assistance
intent that ones assistance help the primary party commit the offense charged
CL mens rea for unintentional crimes (recklessness and negligence)
two mental states
intent to assist primary party to engage in conduct that forms basis of the offense
mental state (reckelss or negligence) required for commission of substantive offense
Natural and Probable consequences doctrine
objective test
can be respnsible for other crimes that are natrual and probable consequences of the target crime
MPC does not adopt (liability of the accomplcie does not extend beyond the purpose he shares with principal actor
CL renunciation
communicate to principal
make effort to neutralize or prevent commission of crime
MPC renunciation
prevent commission of crime/neutralize assistance, notify law enforcement
thwart success
CL actus reus
soliciation of the offense
active assistance in commission of the crime - NEEDS TO ACTUALLY AID
failure to act when duty exists
encouragement of the offense (words or psych influence)
MPC mens rea
acting with PURPOSE of promotoing or facilitation the commission of the offense
- knowing is insufficient
MPC actus reus
soliciting another person to commit crime
aids, agrees to aid, attempts to aid anoteh rperson in plannign or committing crime- NEED NOT BE EFFECTIVE
having legal duty but fails to do so
State v Hoselton
lookout; barge, retreat to car
state v VT
unusual, cut on camera mere presence witohout anything more did not constitute encouragement to solidify actus reus for accomplice
Wilcox v Jeffrey
enocuragement can be subtle- attending concert
English
