Criminal Law - Parties To Crimes

Front 1

Accomplice

Back 1

Charged as if principal

Not an offense--method of linking accomplice to the crime.

Two requirements:
1. defendant does some act (or omission with duty to act) that facilitates principal's commission of the crime or attempt
--includes encouragement
--can be trivial--does not need to be material to bring about crime

2. purpose to bring about commission of crime
--minority: one has knowledge they are assisting in a crime and benefit from the transaction.

Front 2

Scope of Accomplice Liability

Back 2

Liable for the crime he purposefully facilitated, and for all other crimes committed by the principal that are reasonably foreseeable outgrowths of the primary crime.

Foreseeability is an objective test, therefore, it is no defense that the accomplice did not expect the principal to commit the offense.

Front 3

Defenses
(Accomplice)

Back 3

Common law:
--can withdraw by giving principal timely notice and nullifying the effect of the crime.

The MPC requires the accomplice do one of three things:
1) Render his prior assistance to the perpetrator completely ineffective;
2) Provide the police with timely warning of the perpetrator’s plan; or
3) Make a proper effort to prevent the perpetrator from committing the crime.

Front 4

Categories of Accomplices

Back 4

1. principal in the 1st degree
2. principal in the 2nd degree
3. accessory before the fact
4. accessory after the fact

All guilty as if they actually committed the crime.

Front 5

Principal in the First Degree (Accomplice)

Back 5

Perpetrator performing criminal act with the requisite mental state.

the trigger-puller

Front 6

Principal in the Second Degree (Accomplice)

Back 6

1. Aid or abet; AND
2. present at the scene of the offense

mere presence or knowledge without assistance or assistance without intent is insufficient.

the getaway driver

Front 7

Accessory Before the Fact
(Accomplice)

Back 7

aid or abet BUT not present at the scene

Front 8

Accessory After the Fact
(Accomplice)

Back 8

aids or abets the principal after commission of the crime

1. completed felony
2. accessory must know of felony commission
3. The accessory must have personally given aid to the felon to hinder the felon’s apprehension, conviction, or punishment.

In modern jurisdictions, get charged with different crime than principal (e.g. obstruction of justice)