ACCOMPLICESDoctrine of Complicity

Associations in a wrongful actpersons become liable for another=s conductAttributes the actus reus and the mens rea of one person to actions and intentions another

`Doctrine of Complicity cont=d

PAccomplicesPeople who share in the guilt although, they do not

engage in the criminal actsAssume criminal liability in terms of degree of

participation.

COMMON LAW CLASSIFICATIONParties to a Crime

Principles (any person involved in the commission of a crime)(1) Principals in the first degree

BThose who actually commit the crimeBOne who perpetrates a crime through their own act or;B

Parties to a Crime Cont=d

P(2) Principals in the Second DegreeAiders and abettors present when crimes are

committedBi.e., lookouts, getaway drivers, co-conspirators

Individual is present actively or constructively

Parties to a crime cont’d

PAccessoriesP (3) Accessories before the factIncites or abets but is not present actually or

constructively when the crime is committed

BExample, gun, ski-mask, architect map or design.

Accessories cont=d

P4) Accessories after the factOne who knows that a felony has been committed

but, receives, relieves, comforts or assists the felonHarboring fugitives

MODERN STATUTORY TREATMENT

P Abolished common-law distinction & terminology

United State v Mann 811 F.2d 495

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

PRule (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.

PRule (3)Not a prerequisite for conviction that principal be arrested and/or charged, or even identified.

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

GENERAL RULE

PDoes mere presence at a crime infer guilt as a participant in a crime?

ACCOMPLICE LIABILITYThree Elements

PNot necessary to find the principal guilty before conviction

Pace v State(Principal in the First Degree?)

Was he an accomplice?

P 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

P(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

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

PGeneral Rule 3: There can be more than one principal in the first degree

PRESENCE

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

G. Rule 2: One is liable as an accomplice to the crime of another if he:

B(a) gave assistance or encouragement or failed to perform a legal duty to prevent it;

B (b) with the intent thereby to promote or facilitate B commission fo the crime.