Parties to Crime and Liability for the Conduct of Others Flashcards Preview

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Flashcards in Parties to Crime and Liability for the Conduct of Others Deck (16):


The person who commits the crime



A person who aids or encourages the principal with the intent that the crime be committed 


SCope of Accomplice liability

Accomplice is guilty of all crimes that he aids or encourages (just as if he did it) AND all other foreseeable crimes committed along with the aided crime. 


When a person is not an accomplice

  1. MERE PRESENCE mere prresence at the scene of the crime does not make someone an accomplice; must actively aid or encourage the principal
  2. MERE KNOWLEDGE of the crime is insufficent; must share criminal intent of the principal 
  3. VICTIM of the crime cannot be accomplice since they are protected class (e.g. minors cannot be guilty of selling alcohol to minors) 


Special Georgia Rule

an accomplice may be tried and convicted even if the principal is acquitted 


Withdrawal of an accomplice

can avoid liability by withdrawing before the crime is committed

  • An ENCOURAGER may withdraw by repudiating the encouragement prior to the crime's occurrence 
  • an AIDER must either neutralize the assistance or prevent the crime from occurring.


Accessory after the fact (common law)

Defendant must: 

  • HELP a principal who has committed a felony
  • with KNOWLEDGE that the crime has been committed, AND 
  • with the INTENT to help the principal avoid arrest or conviction 


Accessory after the fact (statutory/GA)

asccessories now commit statutory crime such as obstruction of justice, harboring a fugitive or hindering prosecution 


Enterprise Liability 

When a corporate agent engages in criminal conduct, both the corporation and the agent may be held criminally liabile provided that the agent acted: 

  • ON BEHALF of the corporation AND 
  • WITHIN THE SCOPE of his or her office


Public Welfare Offenses (Enterprise)

when a corporation commmits a regulatory offense involving public health or safety, its agents can also be held criminally liable, provided the agents stand in REASONABLE RELATION to the situtaiton that creates a public danger. 



ASKING someone to commit a crime with the INTENT that the crime be committed 


not necessary for the crime to be completed--asking is the crime 


Conspiracy (defined)

an AGREEMENT between 2 or more people to commit a crime, plus an OVERT ACT in furtherance of the crime

SPECIFIC INTENT as to agreement and accomplishing the objectives 

Agreement need not be express--can be proved by conduct--concer of action towards a common goal 

Over act--any act even if merely prepatory, preformed by any of hte co-conspirators (Georgia requires overt act) 

Uncessary for the act to be completed--agreement is the crime 


Can there be a one-person conspiracy?

  • CL: NO--bilateral approach must be at least 2 guilty minds who agree to the objectives
    • Related: if all other conspirants are acquitted, remaining one cannot be convicted 
  • MPC: YES--unilateral approach. May be guilty even if other conspirants were acquitted or pretended to agree



Vicarious/Pinkerton liability

defendant will be liable for other crimes committes by his co-cospnirators as long as those crimes:

1) were committed in FURTHERANCE of the conspiracy's objective; AND



Impossibility as a defense to conspiracy 

Never a defense to a charge of conspiracy 



Requires an overt act that goes beyond mere preparation

  • CL Proximity Test: d must engage in conduct that gets DANGEROUSLY CLOSE To the commmission of the crime.
  • GA/MPC/MAJ Substantial Step: must engage in conduct that is a SUBSTANTIAL STEP towards the crime's commission provided that that conduct STRONGLY CORROBORATES the actor's criminal purpose

Mental State: Requires SPECIFC INTENT 

Cannot attempt unintentionalcrimes. Rules out recklessness, negligence or felony murder.