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Criminal Law

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Chapter 7
Parties to Crime

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Learning Objectives

  • Identify the four parties to crime at early common law.
  • Identify the parties to crime in modern times.
  • Define the criminal act element required for accomplice liability.
  • Define the criminal intent element required for accomplice liability.
  • Define the natural and probable consequences doctrine.
  • Discuss the consequences of accomplice liability.
  • Determine whether an accomplice can be prosecuted when the principal is not prosecuted or acquitted.

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Learning Objectives

  • Distinguish between accomplice liability and vicarious liability.
  • Distinguish between corporate criminal vicarious liability and individual criminal vicarious liability.
  • Distinguish between accomplice liability and the crime of accessory.
  • Define the criminal act element required for an accessory.
  • Define the criminal intent element required for an accessory.
  • Compare various approaches to grading the crime of accessory.

Key Terms

  • complicity
  • principal in the first degree
  • principal in the second degree
  • accessory before the fact
  • accessory after the fact
  • principal
  • accomplice
  • natural and probable consequences doctrine

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Key Terms

  • vicarious liability
  • corporate liability
  • accessory

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Key Takeaways

  • The four parties to crime at early common law were principals in the first degree, principals in the second degree, accessories before the fact, and accessories after the fact. These designations signified the following:
  • Principals in the first degree committed the crime.
  • Principals in the second degree were present at the crime scene and assisted in the crime’s commission.
  • Accessories before the fact were not present at the crime scene, but assisted in preparing for the crime’s commission.
  • Accessories after the fact helped a party to the crime avoid detection and escape prosecution or conviction.

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Key Takeaways

  • In modern times, the parties to crime are principals and their accomplices, and accessories.
  • The criminal act element required for accomplice liability is aiding, abetting, or assisting in the commission of a crime. In many jurisdictions, words are enough to constitute the accomplice criminal act element, while mere presence at the scene without a legal duty to act is not enough.
  • The criminal intent element required for accomplice liability is either specific intent or purposely or general intent or knowingly.

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Key Takeaways

  • The natural and probable consequences doctrine holds an accomplice criminally responsible if the crime the principal commits is foreseeable when the accomplice assists the principal.
  • The consequences of accomplice liability are that the accomplice is criminally responsible for the crimes the principal commits.
  • In many jurisdictions, an accomplice can be prosecuted for an offense even if the principal is not prosecuted or is tried and acquitted.
  • Accomplice liability holds an accomplice accountable when he or she is complicit with the principal; vicarious liability imposes criminal responsibility on a defendant because of a special relationship with the criminal actor.

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Key Takeaways

  • In many jurisdictions, corporations are vicariously liable for crimes committed by employees or agents acting within the scope of employment. Individual criminal vicarious liability is frowned on, but the law in this area is evolving as the incidence of juveniles committing crimes increases.
  • Accomplice liability holds a complicit defendant accountable for the crime the principal commits; accessory is a separate crime that is typically a misdemeanor.

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Key Takeaways

  • The criminal act element required for an accessory is aiding or assisting the principal escape or evade arrest, prosecution for, or conviction of a felony, high-level misdemeanor, or any crime, depending on the jurisdiction. In many jurisdictions words are enough to constitute the accessory criminal act element.
  • The criminal intent element required for an accessory has two parts. The defendant must act
  • with general intent or knowingly that the principal committed the crime,
  • with specific intent or purposely to help the principal escape or evade arrest, prosecution for, or conviction of the offense.

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Key Takeaways

  • In many jurisdictions, the crime of accessory is graded lower than the crime the principal committed; typically, it is graded as a misdemeanor, although in some jurisdictions, it is graded as a felony.

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Real World Example

An illustration of accomplice liability:

A 14-year old juvenile was caught assisting Steven Bouchard with theft in Maine. Notice that, as an accomplice, she and Bouchard were both charged with felony theft. Read more about the charges and the shoplifting-spree here: http://bangordailynews.com/2011/10/20/news/police-beat/man-14-year-old-accomplice-arrested-in-large-scale-shoplifting-spree/

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Real World Example

An illustration of accessory after the fact:

A 15-year old Florida boy was charged with the crime of accessory after the fact to first-degree murder. The boy is accused of taking the murder weapon, a handgun, with the intent to dispose of it. Read more about the charges here: http://www.palmbeachpost.com/news/crime/teen-charged-with-accessory-to-first-degree-murder-1889172.html