Inchoate Crimes - Accomplice Liability

Question 1

Accomplice Liability

Answer 1

A theory to prove guilt of a crime committed by another that D assisted in (not a separate offense)

Question 2

Mens Rea

Answer 2

• Result element – Meet the mens rea of underlying crime
• Conduct elements – Purpose
• Circumstance element – knowledge

Question 3

MPC Actus Reus

Answer 3

D must assist the perpetrator in the crime (assistance is the AR, does not have to be physical, can be emotional assistance)

Duty To Act: Can be assistance only if you dont act and have to act

Question 4

MPC Mens Rea

Answer 4

• Intend to assist (Assist them in the conduct of the crime)
• Have to have the mens rea of the crime of the charge itself:
• Result: Underlying Crime
• Conduct: Purpose
• Circumstance: (Ambiguous, not tested)

Question 5

Accomplice to Felony that Leads to Murder

Answer 5

D can be charged with felony murder

Question 6

Natural and Probable Cause Doctrine

Answer 6

• If D is an accomplice to a felony D is liable for any additional crimes which are a reasonable and foreseeable result of those acts
• Luparello: Once D is found guilty of an underlying crime D is liable for resulting crimes

Question 7

Abandonment for an Accomplice

Answer 7

• CL: Articulate withdrawal and take legitimate efforts to neutralize the services offered for the crime
• MPC: Articulate withdrawal, legitimate efforts to neutralize and notify the police