Criminal Law

QWhat are the elements of accomplice liability?
ATo be liable as an accomplice a defendant must: 

  1. Aid, encourage, or command the principal to commit the act; and
  2. Have the intent to aid or encourage the crime.
QWhat defenses may an accomplice raise?
AAn accomplice may raise any of the defenses of the principal.
QFor what crimes is the accomplice liable?
AAn accomplice is liable for the crime itself, and all foreseeable crimes that result from it.
QA is on trial as an accomplice to a bank robbery. B, the principal, has been given immunity to testify against A. At trial the prosecution puts B on the stand, who testifies that A encouraged and convinced him to commit the robbery, that A provided him with a getaway car, and a map of the bank. After B’s testimony, the prosecution rests. What result?
AA is acquitted. The common law rule provides that failure to prosecute and convict the principal exculpates the accomplice. Because B, the principal, was given immunity, A cannot be convicted as an accomplice.
QWhat are the elements of a withdrawal?
ATo withdraw, a defendant must have (1) repudiated the crime, and (2) attempted to prevent commission. Both steps must occur before the crime becomes unstoppable. Repudiation requires that the defendant communicate that he will not commit the crime.
QWhat crimes is an effective withdrawal a defense to?
AWithdrawal is a defense to the primary objective crime, and to all vicarious liability for other crimes resulting from it. The only crime it is not a defense to is the conspiracy itself, which is complete upon the making of an agreement to commit a crime.
QAlex and Brad agree to rob a liquor store. Alex obtains a getaway car and a sack to put the money in. One week before the planned robbery, Alex tells Brad he no longer wants to go through with it. Alex throws out the sack and sells the car, and the day of the robbery tips off the cops, who are waiting for Brad at the liquor store. When Brad arrives he is immediately arrested. For what crimes may Alex be convicted?
AAlex may be convicted of conspiracy only. Alex both repudiated and prevented the crime, and therefore has effectively withdrawn. However, withdrawal only applies to vicarious liability, and is not a defense to the conspiracy itself. The crime of a conspiracy is committed when the agreement is made.

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