Criminal Law CJ 220 Chapter 7

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Criminal Law CJ 220 Chapter 7

• Parties to Crime and Vicarious Liability
• Andrew Fulkerson, JD, PhD
• Southeast Missouri State University

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Doctrine of Complicity

• Two or more persons incur liability for conduct
  of another before, during and after crime.
• Complicity assigns mens rea and actus reus of one
  person to acts and intentions of another
• Everyone who joins with others for even part of
  the offense is liable as though they did
  everything.
• Complicity is when an actor is liable for another
  person's conduct.

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Vicarious Liability

• Liability based upon relationships between one
  who commits crime and another person

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Principals and Accessories-Common Law

• Principals in first degree those who actually
  commit crime

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Principals and Accessories-Common Law

• Principals in second degree aiders and abettors
  present when crime committed (ex. Driver,
  co-conspirator)

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Principals and Accessories-Common Law

• Accessories before the fact not present when
  crime committed, such as one who provides weapon.

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Principals and Accessories-Common Law

• Accessories after the fact aid persons who have
  committed crime, such as one who hides the one
  who committed crime.

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Principles and Accessories-Common Law

• At common law, an accessory could not be tried
  until the principal was convicted.

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Principles and Accessories

• Modern criminal statutes simplify the common law
• by making accessories to crime principals.
• Accessory is now called an accomplice.

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Principals and Accessories

• Both attribute the acts and intent of one person
  to another
• Principals
• Participation before and during crime
• Guilty of same crime
• Accessories
• Participation after crime
• Guilty of separate lesser offense

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Accomplice Liability Compared With Conspiracy

• Conspiracy is agreement to commit crime, and is
  lesser offense than the underlying crime.
• Conspiracy and underlying crime are separate
  offenses.
• Pinkerton rule
• Two brothers convicted of income tax evasion and
  conspiracy to commit income tax evasion.

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Accomplice Actus Reus

• Elements include
• Aid
• Assist
• Counsel
• Induce

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Accomplice Actus Reus

• Participation
• Mere presence not enough
• Exception Ds with legal duty
• Leading participant not necessary
• Useful words to capture meaning
• Aid, abet, counsel, assist, hire, induce

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Principals and Accessories

• State v. Ulvinen,
• 313 N.W.2d 425 (Minn. 1981)

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Mens Rea of Accomplice Liability

• Majority rule Accomplice liability requires
  both
• Specific intent or purpose to commit acts that
  amount to aiding another person to commit a crime
• Specific intent or purpose to commit the crime
  itself

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Mens Rea of Accomplice Liability

• Minority rule mens rea of accomplice liability
  requires
• Purpose to commit the acts of aiding and
  abetting and
• Knowledge of perpetrators criminal purpose
• Recklessness and negligence can satisfy mens rea
  requirement.

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Principals and Accessories

• People v. Poplar,
• 20 Mich.App. 132, 173 N.W.2d 732 (1970)

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Principals and Accessories

• Lewis et al v. State,
• 220 Ark. 914, 251 S.W.2d 490 (1952)

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Principals and Accessories

• State v. Foster, 522 A.2d 277 (Conn. 1987)

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Complicity Following Crime

• Common law included accessories after the fact
  as liable for underlying offense.

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Complicity Following Crime

• Modern criminal statutes retain common law
  liability for accessories after the fact when
  these elements are present
• Third person commits a felony
• Accessory knew the person committed the felony
• Accessory personally aided the person with intent
  to hinder the prosecution of the person.

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Complicity Following Crime

• State v. Chism,
• 436 So.2d 464 (La. 1983)

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Complicity Following Crime

• Dunn v. Commonwealth,
• 1997 WL 147448 (1997) Virginia

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Criminal Law CJ 220 Chapter 7

• Parties to Crime and Vicarious Liability
• Andrew Fulkerson, JD, PhD
• Southeast Missouri State University

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Vicarious Liability

• Liability based on relationship
• Transfers act and intent to another
• Relationship takes the place of act and intent.

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Vicarious Liability of Corporations

• Constitutional issues
• Fundamental fairness issue unfair to jail a
  person because of the actions of another
• Effectiveness issue
• Fines do not deter agents who do not pay fines
• Fines and penalties are paid by shareholders who
  had no part in the offense

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Vicarious Liability

• State v. Zeta Chi Fraternity, 686 A.2d 530 (N.H.
  1997)

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Employer Vicarious Liability

• State v. Tomaino, 1999 WL 627373 (Ohio App. 12
  Dist. 1999)

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Parental Vicarious Liability

• State v. Akers,
• 119 N.H. 161, 400 A.2d 38 (1979)