Black-letter propositions
- 01
Mere presence or knowledge is ordinarily insufficient without purpose, a duty, or affirmative assistance.
- 02
Aid need not be necessary or successful.
- 03
Traditional natural-and-probable-consequences liability can extend to foreseeable additional crimes; modern statutes may require mens rea for each offense.
- 04
A person can be an accomplice despite incapacity to commit the principal offense personally.
- 05
Withdrawal requires timely repudiation and neutralizing prior aid or warning authorities when necessary.
Use this attack sequence under time
Frame the issue
Identify principal offense.
Resolve the next checkpoint
Find assistance, encouragement, omission duty, or procurement.
Resolve the next checkpoint
Prove intent to assist and required culpability for the offense.
Finish the conclusion
Analyze extra crimes and effective withdrawal.
Common wrong turns
- Accessory after the fact is separate from complicity in the completed offense.
- A victim protected by the statute may be exempt from accomplice treatment.
- Knowledge can support an inference of purpose but does not automatically establish it.
Worked example
A driver gives a burglar a ride while merely knowing the plan and expressing no desire that it succeed.
Knowledge alone may not prove the purpose required for accomplice liability. Repeated assistance, payment, encouragement, or a stake in the venture could change the inference.
Practice this topic
Accomplices and accessories
Cornell defines an accomplice as a person who knowingly, voluntarily or intentionally gives assistance to another in the commission of a crime, or in some cases fails to prevent it. An accomplice is criminally liable to the same extent as the principal and, unlike an accessory, is typically present when the crime is committed. Jurisdictions differ on the definition of knowingly, which generally means awareness of a specific fact.
An accessory is someone who aided the commission or concealment of a crime without needing to be present. Accessory before the fact did something to encourage, aid or assist in a material manner, and accessory after the fact aids concealment.
Applying the rule
Because an accomplice is liable to the same extent as the principal, the analysis focuses on assistance and mental state, not on who performed the act. State what the defendant did to aid, what the defendant knew, and whether the defendant was present.
Cornell's summaries quoted here do not state a withdrawal rule, so state the rule your course teaches for withdrawal and apply it separately.
Cornell also notes the phrase in its accomplice definition, in some cases fails to prevent another from committing a crime, which signals that a duty to act can matter. Compare that with accessory liability, where presence at the scene is not required, and identify whether your fact pattern involves aid before the crime, aid during it or aid after it.
Frequently asked questions
What is the controlling rule for accomplice liability and withdrawal?+
Accomplice liability requires purposeful assistance before or during the crime and application of the jurisdiction's rule for additional offenses and withdrawal.
How should I analyze accomplice liability and withdrawal on the bar exam?+
Identify principal offense. Find assistance, encouragement, omission duty, or procurement. Analyze extra crimes and effective withdrawal.
Who is an accomplice?+
A person who knowingly, voluntarily or intentionally gives assistance to another in committing a crime, or in some cases fails to prevent it.
Is an accomplice as liable as the principal?+
Yes. Cornell says an accomplice is criminally liable to the same extent as the principal, even though the principal committed the act.
How does an accomplice differ from an accessory?+
An accomplice is typically present when the crime is committed, while an accessory need not be present, according to Cornell.
What are the two kinds of accessories?+
Accessory before the fact, who encourages, aids or assists in the crime, and accessory after the fact, who aids concealment.
What does knowingly mean for accomplice liability?+
Generally awareness of a specific fact or circumstance, though jurisdictions sometimes differ on the definition, according to Cornell's summary.