ACCOMPLICES

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ACCOMPLICES

• Doctrine of Complicity

ltAssociations in a wrongful act persons become
liable for anothers conduct ltAttributes the
actus reus and the mens rea of one person to
actions and intentions another lt
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• Doctrine of Complicity contd

• Accomplices
• People who share in the guilt although, they do
  not engage in the criminal acts
• Assume criminal liability in terms of degree of
  participation.

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COMMON LAW CLASSIFICATION

• Parties to a Crime

• Principles (any person involved in the commission
  of a crime)
• (1) Principals in the first degree
• Those who actually commit the crime
• One who perpetrates a crime through their own act
  or

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• Parties to a Crime Contd

• (2) Principals in the Second Degree
• Aiders and abettors present when crimes are
  committed
• i.e., lookouts, getaway drivers, co-conspirators
• Individual is present actively or constructively

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• Parties to a crime contd

• Accessories
• (3) Accessories before the fact
• Incites or abets but is not present actually or
  constructively when the crime is committed
• Example, gun, ski-mask, architect map or design.

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• Accessories contd

• 4) Accessories after the fact
• One who knows that a felony has been committed
  but, receives, relieves, comforts or assists the
  felon
• Harboring fugitives

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MODERN STATUTORY TREATMENT
P Abolished common-law distinction
terminology ltlt
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United State v Mann 811 F.2d 495

• Rule (1) aiding and abetting permits one to be
  found guilty as a principal for aiding or
  procuring someone else to commit the offense.

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• Rule (2) Persons may be found guilty of aiding
  and abetting even though they did not commit all
  the acts constituting the elements of the crime
  charged.
• Rule (3)Not a prerequisite for conviction that
  principal be arrested and/or charged, or even
  identified.

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• Majority Rule Those who aid and abet are
  principals and guilty of the same crime committed
  by the perpetrator.

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• GENERAL RULE

• Does mere presence at a crime infer guilt as a
  participant in a crime?

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ACCOMPLICE LIABILITY

• Three Elements

PNot necessary to find the principal guilty
before conviction
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Pace v State(Principal in the First Degree?)

• Was he an accomplice?

• General Rule 1 Where an intermediary person
  (the second or third party) is used the actor is
  not ordinarily a principal in the first degree

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• (a) Exception to the Rule When the crime is
  accomplished by the use of an innocent or
  irresponsible nt or where the defendant causes a
  child, mentally incompetent or one without a
  criminal state of mind to activate the crime

• General Rule 2 Principal is accountable for the
  acts or omissions of the innocent or
  irresponsible person.

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• General Rule 3 There can be more than one
  principal in the first degree

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PRESENCE

• General Rule 1 One's mere presence at the scene
  of a crime is insufficient to establish guilt.
• a. Exception Where there is a legal duty to act,
  then "mere presence" does satisfy the actus reus
  requirement for criminal liability

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• G. Rule 2 One is liable as an accomplice to the
  crime of another if he
• (a) gave assistance or encouragement or failed to
  perform a legal duty to prevent it
• (b) with the intent thereby to promote or
  facilitate
• commission fo the crime.