Accomplice Liability

Question 1

Common Law Parties to a Crime (4 Types)

Answer 1

1. Principals in the first degree: persons who actually engaged in the act or omission that constitutes the offense or who caused an innocent agent to do so
2. Principals in the second degree: persons who *aided, advised, or encouraged the principal *and were present at the crime
3. Accessories before the fact: persons who assisted or encouraged but were not present
4. Accessories after the fact: persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment

Question 2

Modern Parties to a Crime

Answer 2

Principal: One who engages in an act or omission that causes a criminal result

Accomplice: One who aids, advises, or encourages the principal in the commissiomn of the crime

Accessory After the Fact: One who receives, comforts, or assists another, knowing that a felony has been committed

Question 3

Accomplice Liability (Dual Intent Requirement)

Answer 3

In order to be convicted of a substantive crime as an accomplice, the accomplice must have (1) the intent to assist the principal in the commission of a crime; and (2) the intent that the principal commit the substantive offense.

Question 4

Scope of Accomplice Liability

Answer 4

An accomplice is responsible for the crimes they did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were probable or foreseeable.

Question 5

Withdrawal (Accomplice Liability)

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.
* If the person encouraged the crime, the person must repudiate the encouragement.
* If the person aided by providing assistance to the principal (such as giving materials), the person must do everything possible to attempt to neutralize the assistance (such as attempting to retrieve the materials).
* 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.