What is an Accomplice? An accomplice is someone who intentionally assists the primary party in committing a crime. At common law, this type of activity is usually described as "aiding and abetting" or encouraging, procuring, soliciting, or advising the commission of the crime. What Types of Acts Give Rise to Liability? There are three categories of assistance: - Physical conduct
Providing an instrumentality
Driving a"getaway"car
"Casing" - Omission
Failing to prevent the commission of the crime, if the person had a duty to do so - Psychological influence
Solicitation
Encouragement
The accomplice's acts must in fact assist in the commission of the crime. If, for example, the accomplice encourages the commission of the crime, but the primary party does not know of this encouragement, there is no accomplice liability. However, even trivial assistance will suffice for accomplice liability. Also, even if the second party's assistance was not necessary for the primary party to commit the crime, the second party would still be liable. What is the Pinkerton Doctrine? In Pinkerton v. United States, the Supreme Court held that a co-conspirator is responsible for any criminal act committed by others in the conspiracy if: - The criminal act falls within the scope of the conspiracy; or
- The criminal act is a foreseeable consequence of the conspiratorial agreement.
Do I Need an Experienced Criminal Law Attorney? An experienced criminal law attorney would be able to help you put a case together and how to represent you in court if you have been accused of being an accomplice to a crime. |
