accomplice liability

Question 1

common law parties to a crime

Answer 1

Principals in the first degree: actually engaged in the act/omission that constitutes the offense or who caused an innocent agent to do so

Principals in the second degree: aided, advised, or encouraged the principal and were present at the crime

Accessories before the fact: assisted or encouraged but were not present

Accessories after the fact: with knowledge that the other committed a felony, assisted them to escape arrest or punishment

*At common law, conviction of the principal was required for conviction of an accessory, but most jurisdictions have abandoned this requirement.

Question 2

parties to a crime - modern statutes

Answer 2

principal - with the requisite mental state, actually engages in the act or omission that causes the criminal result

accomplice - aids, advises, or encourages the principal in the commission of the crime charged (can be found guilty of principal offense)

accessory after the fact - assists another knowing that they have committed a felony in order to help them escape (punishment usually separate from conviction of principal offense)

Question 3

accomplice mental state - generally

Answer 3

1) intent to assist the principal in the commission of a crime AND

2) intent that the principal commit the substantive offense

Question 4

accomplice mental state for offense w/ recklessness or negligence mens rea

Answer 4

most jurisdictions would hold that the intent element is satisfied if the accomplice

(1) intended to facilitate the commission of the crime; and

(2) acted with recklessness or negligence (whichever is required by the particular crime).

Question 5

when accomplice provides material

Answer 5

In the absence of a statute, most courts would hold that mere knowledge that a crime will result is not enough for accomplice liability (selling gas to an arsonist)

BUT procuring an illegal item or selling at a higher price because of the buyer’s purpose (charging arsonist $100 for a gallon of gas) may constitute a sufficient “stake in the venture” to constitute intent.

Question 6

liability of accomplice

Answer 6

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 7

exclusions from accomplice liability - members of the protected class

Answer 7

Members of the class protected by a statute are excluded from accomplice liability.

EX. A woman transported across state lines cannot be an accomplice to the crime of transporting women across state lines for immoral purposes, since she is within the class protected.

Question 8

exclusions from accomplice liability - necessary parties not provided for

Answer 8

A party necessary to the commission of a crime, by statutory definition, who is not provided for in the statute is excluded from accomplice liability.

EX. If a statute makes the sale of heroin illegal, but does not provide for punishment of the purchaser, the purchaser cannot be found guilty under the statute as an accomplice to the seller. The purchaser is a party necessary to the commission of the crime because the seller can’t sell heroin without a buyer.

Question 9

exclusions from accomplice liability - withdrawal

Answer 9

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.