Criminal Law (Parties To Crime)

Front 1

Who is a principle?

Back 1

The person who commits the crime

Front 2

Who is the accomplice?

Back 2

the person who helps the principal
- aids or encourages the principal
- with the intent that the crime be committed

Front 3

What is the scope of accomplice liability?

Back 3

the accomplice is guilty of
- all crimes that he aids or encourages AND
- all other foreseeable crimes committed along with the aided crime

Front 4

When is a person not an accomplice?

Back 4

- Were presence at the scene of the crime does not maker a person an accomplice
- mere knowledge of the crime does not make someone an accomplice (he must have intent)
- victims of crimes cannot be accomplices because they are members of a protected class

Front 5

How can an accomplice withdrawal to avoid criminal liability?

Back 5

1) must renounce the common purpose
2) tell the others that he has done so and the he "does not intent to participate further"
- quiet withdrawal is not enough

If the D only encouraged the act, he simply must repudiate the encouragement before the criminal begins to act

Front 6

What is an accessory after the fact?

Back 6

D must:
- help a principal who has committed a felony
- with knowledge that the crime has been committed AND
- with the intent to help the principal avoid arrest or conviction
(help with the intent to help and knowledge of the crime)

Front 7

What is enterprise liability?

Back 7

When a corporate agent engages in criminal conduct, both the corporation and the agent may be held criminally liable, provided the agent is acting:
- on behalf of the corporation
AND
- within the scope of his or her office

Front 8

What is a public welfare offense?

Back 8

When a corporation commits a regulatory offense involving public health or safety, its agents also can be held liable, provided the agent stand in responsible relation to the situation that created the public danger