Accomplice liability
NOTE: NY Distinction
- i) aid OR encourage the principal
- ii) with the intent that the CRIME be committed
NY :
- *Can be an accomplice to negligent.reckless crime
- EXCEPTION: if principal’s crime requires recklessness/negligence –> accomplice need only meet the lower standard
- (ex: guy gives accomplice knife to guard abducted person –> guilty of criminally negligent homicide)
Accomplice liability:
Scope
The accomplice is guilty of…
- 1) ALL crimes that he aids or encourages (just as if he did them);
- 2) ALL other foreseeable crimes committed along w/ the aided crimes
What qualifies for criminal liability:
Knowledge of crime?
Mere presence?
VIctim of crime?
None lead to accomplice liability
NY DISTINCTION: Mere knowledge CAN make someone guilty of the (lesser) crime of **“criminal facilitation” **
How can an accomplice withdraw to avoid criminal liability?
NOTE: NY Distinction
Depends on how the accomplice assisted the principal…
- Encourager: can withdraw simply by repudiating the encouragement BEFORE the crime is committed
- Aider: must _EITHER neutralize the assistanc_e OR otherwise prevent the crime from happening (e.g. by calling the cops)
NY: In NY “renunciation” = affirmative defense (burden is on D)
- The accomplice MUST :
- i) voluntarily & completely renounce
- ii) withdraw prior to commission
- iii) make a substantial effort to prevent the commission of the crime
Accessory after the fact:
4 elements of accessory after the fact?
(NY Distinction)
MBE: The ∆ must… [CL/MPC]
- 1) help a
- = receives, relieves, assists, comforts
- 2) principal who has committed a felony;
- 3) w/ knowledge that the crime has been committed;
- (must be complete)
- 4) w/ the i_ntent to help the principal avoid arrest_ or conviction
NY: “hindering prosecution”
- (same elements)
Accomplice Liability:
Evidence Required in NY
Must be more than uncorroborated evidence by an accomplice
Exception: police disciplinary hearing
Corporations & Agents:
When is corporation (&agent) vicariously criminally liable for agent’s acts?
IF agent is:
- acting w/in scope of employment
- on behalf of the corproation
Corporation & Agents:
When are agents of corporation liable of corporation’s criminal acts?
WHEN
- corporation commits regulatory offense
- AND agent stood in “responsible relation to the situation” that led to a public danger
