Complicity

Question 1

Complicity Generally

Answer 1

A theory of criminal liability that makes persons who assist a principal offender criminally liable as principals as well.

Question 2

Complicity Actus Reus Generally

Answer 2

Actually aided, abetted, or encouraged the commission of the offense.

Must rise above mere presence at the scene of the offense (D must do something)

Question 3

Complicity Mens Rea Generally

Answer 3

Intent to assist a principal actor in committing the target act AND
Intent that the principal actually commit the act

Question 4

Common Law Accomplice Theory

Answer 4

Principals in the first degree: actual perpetrators of the offense
Principals in the second degree: actually or constructively present at the scene of the crime AND aided and abetted its commission
Accessories before the fact: Aided and abetted the crime but were not present at its commission

Accessories after the fact: rendered assistance after the crime was complete

All jurisdictions have merged principals and accessories (except after the fact) All who assist a principal are now also principals

Question 5

MPC 2.06 Complicity

Answer 5

1. guilty if it is committed by the conduct of another person for which he is legally accountable
2. A person is legally accountable for the conduct of another person when:
   a. acting with the necessary culpability for the offense he causes an innocent or irresponsible person to engage in such conduct OR
   b. He is made accountable for the conduct of such other person by the Code or by the law defining the offense Or
   c. He is an accomplice of such other person in the commission of the offense.
3. A person is an accomplice of another person if
   a. with the purpose of promoting or facilitating the commission of the offense, her
   i. solicits such other person to commit it, OR
   ii. aids or agrees or attempts to aid such other person in planning or committing it, OR
   iii. having a legal duty to prevent the commission of the offense, fails to make proper effort so to do OR
   b. his conduct is expressly declared by law to establish his complicity.

Question 6

TPC 7.01 Complicity

Answer 6

A person is criminally responsible as a party to an offense if the offense is committed by the conduct of another for which he is criminally responsible
B. Each party to an offense may be charged with commission of the offense
C. All traditional distinctions between accomplices and principals are abolished and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

Question 7

Vicarious Liability

Answer 7

if a corporation is held criminally responsible it is generally for public welfare or regulatory offenses, or generally strict liability