Accomplice liability

Question 1

What is the difference between an accomplice and accessory after the fact?

Answer 1

An accessory after the fact agents a criminal knowing he has committed a felony. This is a less serious crime than being liable for the principal crime.

Question 2

To be guilty as an accomplice what mental state is required?

Answer 2

Is required the person aid encourage or advise the principal with the intent to encourage the crime.

Question 3

Is the sale of ordinary goods at ordinary prices with the knowledge that a crime will result enough to constitute accomplice liability?

Answer 3

No. An accomplice’s liability requires procuring illegal item or selling at higher prices because of the buyers illegal purpose

Question 4

The inability to be a principal a bar to accomplice liability?

Answer 4

Now, so, for example, a woman can be an accomplice to rape.

Question 5

What 2 classes of people are excluded from accomplice liability?

Answer 5

1. Members of a protected class (women transported across state lines are not accomplice…)
2. Necessary parties not provided for by statute: so, for example, if a statute doesn’t provide for a drug purchaser, the purchaser is not an accomplice to the illegal drug dealers sale of drugs.

Question 6

Is withdrawal a defense to solicitation?

Answer 6

Generally no.

Question 7

What overt act as required for attempt?

Answer 7

An act dangerously close to success (Model Penal Code, the substantial step test)

Question 8

Under New York law, what are the elements of criminal facilitation (4 elements)?

Answer 8

1. Facilitator KNOWINGLY AIDED the crime, but did not reach accomplice level
2. Facilitator believed it was PROBABLE he is rendering aid
3. Facilitators conduct aided COMMISSION of the felony
4. Facilitator may NOT be convicted on uncorroborated testimony of the principal.

Question 9

Under New York state law, what is the affirmative defense for a criminal facilitator

Answer 9

Taking steps to prevent the felony.

Question 10

Under New York law does an accomplice specifically have to intend that a crime be committed?

Answer 10

It is enough if the accomplice specifically intends to aid the principal’s conduct and otherwise has the mental state required for the crime. The upshot is that you can be an accomplice in New York to a negligence or recklessness crime.

Question 11

What is the scope of accomplices liability?

Answer 11

He is liable for the crime itself (as if he did it), and all other foreseeable crimes

Question 12

3 important exceptions to when someone is an accomplice: name 3 non-accomplice situations

Answer 12

1. Mere presence at the scene of the crime is inadequate
2. Mere knowledge of the crime is insufficient (NY LAW: mere knowledge = criminal facilitation)
3. Victims of the crime cannot be accomplices to the crime

Question 13

In order for an accomplice to withdraw from the crime under New York law parentheses called PRONUNCIATION) the accomplice must?

Answer 13

The compass must make a SUBSTANTIAL EFFORT to prevent the commission of a crime. PRONUNCIATION is a AFFIRMATIVE DEFENSE, meaning the defendant must prove it.

Question 14

At common law, what 3 elements must the defendant commit to be an accessory after the fact

Answer 14

1. Help a principal who is committed a felony
2. With knowledge that the crime is been committed, and
3. With the intend to help the principal avoid arrest or conviction

Question 15

Under New York law, accessories after the fact that particular statutory crimes such as obstruction of justice or harboring a fugitive. In New York, the crime is called what?

Answer 15

Hindering prosecution

Question 16

Define criminal facilitation under New York law (4 elements)

Answer 16

1. The facilitator has knowingly aided the commission of a crime, but does not reach accomplice level
2. Facilitator believed it was probable that he was rendering aid
3. The conduct must have needed the commission of the crime
   4 the facilitator may not be convicted on uncorroborated testimony of the principal
   (There’s an affirmative defense if you to took steps to prevent the crime)