Criminal Law: "parties" To A Crime

Front 1

All persons are guilty who:

1) Commit act constituting the crime ("primary actors"); or
2) Participate in crime ("aiders or abettors" or accomplices before or during its commission); or
3) Use "innocent agent" to commit it

Back 1

Assistance to primary actor AFTER crime does not create liability for the crime

Common law: "accessory after the fact"

Front 2

Elements of "aider & abettor" or accomplice liability

1) Participation in offense* [encouraging OR physically assisting primary actor]; and
2) Required intent.**

Back 2

**Required intent: aider/abettor must know primary actor is going to commit the offense; AND intend (want) to encourage or assist him.

For aider & abettor or accomplice liability, look for evidence that D had motive for wanting primary actor to successfully commit crime.

Front 3

Presence pusuant to an agreement to aid is/is not sufficient to show participation

Back 3

Is

Front 4

If primary actor is acquitted, can aider and abettor be convicted?

Back 4

Yes

Front 5

An offense participant is not guilty of offense if __.

Back 5

1) Participant is a member of the class of persons protected by the crime; or

2) Crime inherently involves several participants and only some made liable (ex: bribery; drug sales)