Page 12

Question 0

What is the definition of a perpetrator?

Answer 0

Person that actually commits the crime

Question 1

What are the modern divisions of accomplice liability?

Answer 1

Perpetrator and aider/abbettor

Question 2

What is the definition of aider/abettor?

Answer 2

The person that assists, but doesn’t perpetrate

Question 3

What are the two categories of aiders and abettors according to modern accomplice liability?

Answer 3

Those present at the scene, and those not

Question 4

What is an example of an aider and abettor that is present at the scene?

Answer 4

Look out

Question 5

If you come on a situation where someone is beating up your enemy and you shout encouragement to that person to kill your enemy, and they do, do you have accomplice liability?

Answer 5

Yes because you were present at the scene, you showed encouragement, and intended for the crime to be committed

Question 6

If your actions have no impact on the defendant, are you guilty of accomplice liability?

Answer 6

Yes because all that is required is aiding and abetting and intent for the crime to be completed

Question 7

According to common law and modern law, an accessory before the fact is vicariously liable for the actions of the perpetrator if what?

Answer 7

• the accomplice intended the crime to be committed

* the accomplice assisted in the commission

Question 8

What are some ways you can assist in the commission of a crime?

Answer 8

Shout encouragement, drive the getaway car

Question 9

What are the ways that common-law and modern law deal with accessory after-the-fact?

Answer 9

• CL: the person is vicariously liable

- Modernly: no vicarious liability, the person is just guilty of some other crime

Question 10

What are the elements of accomplice liability?

Answer 10

• completed felony
• aider knew of the felony
• intent to promote/facilitate commission of the crime
• gave assistance/encouragement

Question 11

If an aider made a mistake and thought a felony had been committed and it hadn’t, can he be guilty of accomplice liability?

Answer 11

No, because a completed felony must’ve occurred

Question 12

If you are suspicious that a felony occurred, is that enough for accomplice liability?

Answer 12

No, there has to be knowledge

Question 13

What are some acts that count as aid for accomplice after-the-fact?

Answer 13

Harboring and concealing felon, helping him escape, destroying evidence, giving false testimony to police

Question 14

According to common law, can people lie to police and escape accomplice liability?

Answer 14

No

Question 15

According to modern law, if you give a false answer to a question by police, does that make you liable for hindering prosecution and obstructing justice?

Answer 15

Only if you volunteer that information

Question 16

What is misprision of felony?

Answer 16

Failure of a person with knowledge of the commission of a felony to bring the crime to the attention of proper authorities

Question 17

Why is discussing misprision of felony a mistake on most exams?

Answer 17

Because modernly people don’t have a duty to prevent or report crimes, so these fact patterns want you to talk about conspiracy, vicarious liability, receiving stolen property, or maybe compounding

Question 18

What is the common law exception to accomplice liability?

Answer 18

Wives are excused if they aid their husbands, as are most close relatives

Question 19

What is compounding crime?

Answer 19

Taking consideration in exchange for agreeing not to prosecute or inform on another that committed an offense

Question 20

Who can commit the crime of compounding?

Answer 20

Anyone in a position to provide evidence about or pursue prosecution of a crime, including the victim

Question 21

What is an example of compounding crime?

Answer 21

Offering to give a witness money to keep their mouth shut

Question 22

If a witness takes money in exchange for silence, he has committed what crime?

Answer 22

Compounding

Question 23

Is compounding an important thing to find on exams?

Answer 23

No, but it might get you an extra point

Question 24

What are the common elements of compounding?

Answer 24

• agreement not to prosecute
• knowledge of the actual commission of a crime
• taking consideration

Question 25

What are some ways you can agree not to prosecute for compounding?

Answer 25

Abandoning, delaying, refraining from aiding prosecution, withholding evidence, not reporting a crime

Question 26

What can be considered consideration for compounding?

Answer 26

Money or anything of value/advantage

Question 27

Can you pass consideration to another for compounding?

Answer 27

Yes, but the party that takes the consideration is the only one criminally liable

Question 28

At common law does the accessory’s conviction depend on the principle’s?

Answer 28

Yes, the principal must be found guilty before an accessory can be found guilty. If the principal’s conviction gets reversed, so will be accessory’s

Question 29

Modernly must a principal be convicted before the accomplice can be?

Answer 29

No, accomplices can be convicted regardless of the principal’s status

Question 30

Under the MPC when is a person an accomplice to the crime?

Answer 30

If with the purpose of promoting/facilitating the offense, he solicits the other to commit it, aids/agrees/attempts to aid another in commission, or fails to make proper effort to prevent it when he has a duty to do so

Question 31

If someone gets killed by your accomplice during a drug deal, is that a foreseeable consequence of the felony?

Answer 31

Yes

Question 32

Accomplices are liable for the what?

Answer 32

Reasonable and foreseeable consequences of the felony they aid