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- One who is complicit in committing criminal conduct is an accomplice. Although an accomplice does not actually commit the crime, their actions help someone in the commission of the crime. An accomplice cannot be charged with a more serious crime than the primary perpetrator.
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does the accomplice have to intend the principal’s crime?..... 112 what threshold of foresight is necessary for intention in complicity, post-jogee and has the mens rea for accomplices been aligned with that of principals?..... 117
- Introduction
- I. Overview of Accomplice Liability
- A. Historical Approaches
- B. A Recent Proposal: Splitting Intentions
- Splitting Intentions
Accomplice liability poses an enduring puzzle. It invites thestate to convict people of crimes they did not commit. Across the United States,a person can be convicted of grand larceny without pilfering a dime and jailedfor first-degree murder without drawing a drop of blood. This might seem like agross miscarriage of justice, but it is black-letter...
The doctrine of complicity makes a person “legallyaccountable for the conduct of another person.”10A convicted accomplice to murder is, then, a convicted murderer, just like theprincipal (or perpetrator). These are two routes to the same criminalconviction, status, and range of punishments—to liability for the sameoffense. In a landmark case on com...
In this Section, I consider two criteria for the mens rea ofcomplicity—knowledge and purpose—and find them, respectively, toowide and too narrow. By some federal and state authorities on the complicity mensrea, a helper need not intend that the principal commit his crime. It is enoughthat he know that the principal willcommit it. Thus, the Fourth C...
Because of where these two approaches lead, GideonYaffe’s project has been to negotiate between them. But to see his middleway, we need some background. According to Yaffe and other philosophers of action,intentions give rise to two kinds of rational inclinations or dispositions.They do not just dispose us to promote what we intend. They also put u...
It is worth describing in more detail how Yaffe and otherphilosophers of action think intentions normally work. Again, an example will help. Say Cassius-the-cashier decidesto sell the hammer to Brutus to aid the break-in. By Yaffe’s lights, Cassiuswill thus incur some reason (and become disposed) to do two things: 1. Take the steps necessary to pro...
Feb 4, 2021 · Complicity liability is notoriously difficult, both doctrinally and conceptually, in part because its underlying principles are themselves in tension. The pull of judgements about culpability must be reconciled with the demands of criminalization, and with the need for complicity rules to be stated in generalized terms.
Nov 10, 2022 · The best position is a two-part approach: to be liable for assisting or encouraging a crime, the accomplice must make a substantial contribution to the principal’s commission of it; to be liable for procuring the principal's crime, the accomplice must bring the crime about.
This chapter explores the philosophical interest of the problems raised by accomplice liability, and makes a case for several propositions, some specific to complicity law, and some to theories of responsibility.
In this paper I will suggest that there is no such way of participating in (being complicit in, being an accomplice to, being implicated in) the wrongdoing of another. A common worry is that causal contribution is what characterizes a principal wrongdoer, i.e. a wrongdoer who is not an accomplice.
Complicity provides a perfect place from which to take steps towards a doctrinally clear and coherent criminal law. In particular, by acknowledging in the complex mass of cases a requirement that the accomplice contribute to the principal’s crime.
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