Accomplice Liability

Question 1

Principal in the 1st degree

Answer 1

Perpetrator. One who commits the crime

Question 2

Principal in the 2nd degree

Answer 2

Abettors.
a. Aided in the act and was present for the act either actually or constructively
b. lookouts are in this category (Hoselton)

Question 3

Accessory before the fact

Answer 3

Aided the perpetrator before the act, but was not present actually or constructively at the scene

Question 4

Accessory after the fact

Answer 4

with knowledge of the other’s guilty, renders assistance to a felon in the effort to hinder detection, arrest, trial, or punishment.

Question 5

Accomplice liability mens rea

Answer 5

a. intent to aid primary party
b. intent that the substantive crime should succeed

Question 6

AL actus reus

Answer 6

a. solicitation, assistance encouragement, or failure to prevent if legal duty to prevent (VT)

Question 7

Natural and probable consequences

Answer 7

Even if an accomplice had only intended to commit a primary crime (such as robbery) they are also liable for a secondary crime (such as murder occurring during that robbery) if
a. The actor intended to promote or aid the
primary crime
b. The commission of the secondary crime
was a “foreseeable consequence” of the
actor’s participation in the primary crime.
NOTE: This is rejected in some state, including Nevada

Question 8

Defense to complicity

Answer 8

1. not an accomplice if
   a. terminated complicity in the crime
   b. his termination occurred prior to the commission of the offense
   c. wholly deprived his complicity of effectiveness in the commission of the offense

Question 9

MPC 2.06 (3)

Answer 9

1. [A defendant has mens rea to aid or abet when their] purpose of promoting or facilitating the commission of the offense
   a. Solicits
   b. aids or agrees or attempts to aid
   c. fails in legal duty to prevent
   d. conduct defined by law as complicity
2. [Result crimes] acts with the same kind of culpability…that is sufficient for the commission of the offense