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Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century.
Abstract. 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.
As the Model Penal Code provides, “ [a] person is an accomplice of another person in the commission of an offense if…having a legal duty to prevent the commission of the offense, fails to make proper effect so to do” (Model Penal Code § 2.06 (3) (a) (iii)). Example of a Case Lacking Accomplice Act.
Feb 4, 2021 · Abstract. This chapter addresses complicity liability. Complicity doctrine 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 protect the public.
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.
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This chapter examines complicity within the framework of criminal law and theory and outlines recurrent normative problems as well as solutions. It considers structural questions that inform accomplice liability in different criminal systems, such as the mode of participation and whether complicity should be treated as an inchoate offense ...
