plan, look up banks- accessory before the fact (A&A/accomplice) hide perp from the police after robbery- accessory after the fact (accessory after the fact) accomplice is the that allows the defendant to be charged for the original theory crime not guilty of being an accomplice different roles may get different sentences, but they are all guilty of the same crime D can be guilty of the as an accomplice even if principal is not (dies, immunity, found not guilty) Prosecution to show that the crime was committed and that D did their part D can also be guilty as an accomplice to an attempt- if crime not completed- even if the accomplice could not commit the crime themselves (ck last part- in notes- what does this mean?) Why accomplice liability? Purposes of punishment- mens rea Worried that more crimes will be carried out if more people are involved Should hold the brains behind the operation liable too, not just the last guy (left holding the bag Elements Actus reas- helped Mens rea (2 parts) Knowingly help Purpose for the crime to succeed Purpose can be inferred from knowledge Fountain case- p 600- One inmate had a in his waistband when the other walked by. Inmate 1 lifted his shirt to reveal the knife, and stepped forward in his cell to allow inmate 2 to grab it and stab the guard. Pros did not need to prove Inmate 1 had the purpose for inmate 2 to kill the guard since he knew when he helped 2 get the knife it would be used for that purpose. The that actually occurred or a foreseeable “reasonably crime” (added later)(rob book store then rob but rob book store than sets it on fire- prob not) Focus on mens rea first (??) If mens rea for the is negligent, the accomplice mens rea drops to negligent also (MPC and C/L?) Can aid and abet for strict liability crime? Ex accomplice to statutory rape- gaps in the law are filled by prosecutors exercising discretion (no clear answer) Words are enough for a conspiracy- encouragement Just being there is not enough unless there is a prior agreement
plan, look up banks- accessory before the fact (A&A/accomplice) hide perp from the police after robbery- accessory after the fact (accessory after the fact) accomplice is the theory that allows the defendant to be charged for the original crime not guilty of being an accomplice different roles may get different sentences, but they are all guilty of the same crime D can be guilty of the as an accomplice even if principal is not (dies, immunity, found not guilty) Prosecution to show that the crime was committed and that D did their part D can also be guilty as an accomplice to an attempt- if crime not completed- even if the accomplice could not commit the crime themselves (ck last part- in notes- what does this mean?) Why accomplice liability? Purposes of punishment- mens rea Worried that more crimes will be carried out if more people are involved Should hold the brains behind the operation liable too, not just the last guy (left holding the bag Elements Actus reas- helped Mens rea (2 parts) Knowingly help Purpose for the crime to succeed Purpose can be inferred from knowledge Fountain case- p 600- One inmate had a in his waistband when the other walked by. Inmate 1 lifted his shirt to reveal the knife, and stepped forward in his cell to allow inmate 2 to grab it and stab the guard. Pros did not need to prove Inmate 1 had the purpose for inmate 2 to kill the guard since he knew when he helped 2 get the knife it would be used for that purpose. The that actually occurred or a “reasonably foreseeable crime” (added later)(rob book store then rob but rob book store than sets it on fire- prob not) Focus on mens rea first (??) If mens rea for the is negligent, the accomplice mens rea drops to negligent also (MPC and C/L?) Can aid and abet for strict liability crime? Ex accomplice to statutory rape- gaps in the law are filled by prosecutors exercising discretion (no clear answer) Words are enough for a conspiracy- encouragement Just being there is not enough unless there is a prior agreement
Criminal-Law-Levenson-2012-3.docx