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RULE: If accomplice puts criminal act into motion > subsequent crimes done by the principal are the natural and probable consequences of defendant's actions > accomplice is liable even if he did not intend the result
- 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...
In order for criminal liability to attach to accomplices for the commission of a crime (carried out by one or more of the other offenders), the law requires “all for one” (i.e. that each offender share the same state of mind required for the commission of the offense), and “one for all” (i.e.. that each offender either does something to ...
Accomplice – Criminal Law Outline. Accomplice liability makes one who assists or encourages a criminal to facilitate a crime criminally liable for the crime himself. The amount of assistance is immaterial; just some amount of assistance is required.
Accomplice for murder essay plan INTRO: “D could be criminal liable for murder as an accomplice” where D assists, encourages or procures P to commit a principal offence, and P does so, D will be labelled and punished as if he has committed the principal the principal offence himself.
This chapter raises the question of what should become of the criminal law doctrines of accomplice liability once the supposition on which those doctrines are based — that of intervening causation — is discarded.
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Accomplice Elements. An accomplice under most state and federal statutes is responsible for the same crime as the criminal actor or principal (18 U.S.C., 2010). However, accomplice liability is derivative; the accomplice does not actually have to commit the crime to be responsible for it.
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