ACCOMPLICES Doctrine of Complicity < Associations in a wrongful act persons become liable for another = s conduct < Attributes the actus reus and the mens rea of one person to actions and intentions another <

` Doctrine of Complicity cont = d PAccomplices <People who share in the guilt although, they do not engage in the criminal acts <Assume criminal liability in terms of degree of participation.

COMMON LAW CLASSIFICATION Parties to a Crime <Principles (any person involved in the commission of a crime) <(1) Principals in the first degree BThose who actually commit the crime BOne who perpetrates a crime through their own act or; B

Parties to a Crime Cont = d P(2) Principals in the Second Degree <Aiders and abettors present when crimes are committed Bi.e., lookouts, getaway drivers, co-conspirators <Individual is present actively or constructively

Parties to a crime cont’d PAccessories P (3) Accessories before the fact <Incites or abets but is not present actually or constructively when the crime is committed BExample, gun, ski-mask, architect map or design.

Accessories cont = d P4) Accessories after the fact <One who knows that a felony has been committed but, receives, relieves, comforts or assists the felon <Harboring fugitives

MODERN STATUTORY TREATMENT P Abolished common-law distinction & terminology<

United State v Mann 811 F.2d 495 PRule (1): aiding and abetting permits one to be found guilty as a principal for aiding or procuring someone else to commit the offense.

PRule (2) Persons may be found guilty of aiding and abetting even though they did not commit all the acts constituting the elements of the crime charged. PRule (3) Not a prerequisite for conviction that principal be arrested and/or charged, or even identified.

PMajority Rule: Those who aid and abet are principals and guilty of the same crime committed by the perpetrator.

GENERAL RULE PDoes mere presence at a crime infer guilt as a participant in a crime?

ACCOMPLICE LIABILITY Three Elements P Not necessary to find the principal guilty before conviction

Pace v State(Principal in the First Degree?) Was he an accomplice? P General Rule 1: Where an intermediary person (the second or third party) is used the actor is not ordinarily a principal in the first degree

P(a) Exception to the Rule: When the crime is accomplished by the use of an innocent or irresponsible nt or where the defendant causes a child, mentally incompetent or one without a criminal state of mind to activate the crime P General Rule 2: Principal is accountable for the acts or omissions of the innocent or irresponsible person.

PGeneral Rule 3: There can be more than one principal in the first degree

PRESENCE P General Rule 1: One's mere presence at the scene of a crime is insufficient to establish guilt. Ba. Exception: Where there is a legal duty to act, then "mere presence" does satisfy the actus reus requirement for criminal liability

< G. Rule 2: One is liable as an accomplice to the crime of another if he: B(a) gave assistance or encouragement or failed to perform a legal duty to prevent it; B(b) with the intent thereby to promote or facilitate Bcommission fo the crime.