Accomplice Liability Flashcards
(7 cards)
At common law, what are the four parties to the crime?
- 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
- Principals in the second degree: persons who aided, advised, or encouraged the principal and were present at the crime
- Accessories before the fact: persons who assisted or encouraged but were not present
- Accessories after the fact: persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment
Under the modern view, how is accomplice liability treated?
Principals in 1st Degree + Principals in 2nd Degree + Accessory Before the Fact = all can be guilty of the principal offense
Accessory AFTER the Fact = treated and punished separately
What is the dual intent required for an accomplice (P2 or ABtF) to be convicted of a substantive crime?
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.
What is the scope of crimes for which accomplices are liable?
- Crimes they did or counseled; AND
- For any other crimes committed in the course of committing the crime (if PROBABLE OR FORESEEABLE)
Is a person who effectively withdraws from a crime before it is committed guilty as an accomplice?
No.
When must an accomplice’s withdrawal occur to be effective?
Before the crime becomes unstoppable
What additional action must an accomplice take to effectively withdraw?
- If A encouraged the crime, repudiate that encouragement
- If A aided, attempt to neutralize that assistance (e.g., try to retrieve weapon)
- Notify police
