ACCOMPLICE LIABILITY

Question 1

Who is an accomplice?

What is their mental state? [CL & NY/Majority]

Answer 1

• Person who aids or encourages the principal
• CL- w/ the intent that the crime be committed
• NY/MAJ- accomplice need not specifically intent that the crime be committed; it is enough if they specifically intend to aid the principal’s conduct, and otherwise have the mental state required for the principal’s crime. This means it is possible in NY to be an accomplice to a negligence or recklessness crime

Question 2

When is a person not an accomplice? (3)

Answer 2

• mere presence @ the scene is not enough; must actively aid or encourage
• mere knowledge of the crime is not enough, must intent to aid or encourage [BUT MERE KNOWLEDGE MAY BE CRIMINAL FACILITATION]
• victims of the crime cannot be accomplices

Question 3

Scope of Accomplice Liability (MBE & NY)

Answer 3

Accomplice is guilty of all crimes that he aids or encourages AND all other foreseeable crimes committed along w/ the aided crime.

Question 4

MBE Withdrawal

Answer 4

• An accomplice can avoid criminal liability by withdrawing before the crime is committed
• if he encouraged the principal he may withdraw by repudiating the encouragement pre-crime
• if he aided he must either neutralize the assistance or otherwise prevent the crime from happening

Question 5

COMMON LAW: Accessory After the Fact

Answer 5

D MUST:

• help a principal who committed a felony
• w/ knowledge that the crime has been committed; and
• w/ the intent to help the principal avoid arrest or conviction

Question 6

MODERN STATUTORY APPROACH: Accessory after the fact

Answer 6

In many jurisdictions, accessories after the fact at common law now commit statutory crimes, such as “obstruction of justice,”“harboring afugitive,”or (as in NEW YORK) “hinderingprosecution.”