Accomplice

Question 1

When is an individual criminally liable as an accomplice?

Answer 1

When he does some act (or fails to act if he has a duty) that:

• facilitates the principals commission
• or attempt of the crime,
• with the purpose to bring about commission of the crime

Question 2

Scope of Accomplice Liability

Answer 2

An accomplice is liable for the crime he purposefully facilitated,

AND

all other crimes committes by principal that are reasonably forseeable outgrowths of the primary crime

Question 3

Ways to sever accomplice liability for future crimes

Answer 3

• Withdrawal
• Abandonment

Question 4

Requirements for Withdrawal/Abandonment

Answer 4

• ∆ must give no further assistance or encouragement
• ∆ must communicate his withdrawal to his accomplices
• (in many jurisdictions) Make effort to neutralize ∆’s prior assistance or encouragement

Question 5

Principal in the First Degree

Answer 5

The actual perpetrator who performs the criminal act with requiste mental state

Question 6

Principal in the Second Degree

Answer 6

• One who is present at the scene of the felony;
• and aids, abets, or otherwise encourages the commission of the crime;
• with the requiste intent

Question 7

Accessory before the Fact

Answer 7

• One who aids, abets, counsels, or otherwise encourages the commission of the a felony;
• BUT is not present at the scene

Question 8

Accessory after the Fact

Answer 8

Requirements:

1. a completed felony must have been committed;
2. the accessory must have known of the commission of the felony; and
3. the accessory must have personally given aid to the felon to hinder the felon’s apprehension, conviction, or punishment.

*A.A.F is not an accomplice, nor is he punished to the same extent as prescribed for the parties to the felony

Question 9

Accessory After The Fact

Moder Jurisdictions

Answer 9

one who meets the requirements to be a common law accessory after the fact is charged with a distinct crime, such as hindering apprehension or obstruction of justice, not with the crimes committed by the principal