Accomplice Liability Common law. Four types of parties to a felony: 1.principals in the first degree(persons who actually engage in the act or omission that constitutes the criminal offense); 2.principals in the second degree(persons who aid, command, or encourage the principal andare present at the crime); 3.accessories before the fact(persons who aid, abet, or encourage the principal but are not present at the crime); and 4.accessories after the fact(persons who assist the principal after the crime). Significance of Common Law Distinctions: -At common law, the distinctions between the parties had a great deal of procedural significance. For example, an accessory could not be convicted unless the principal had already been convicted, although both could be convicted in a joint trial if the jury determined the principal’s guilt first. Most modern jurisdictions have abandoned this requirement, and an accessory can be convicted even if the principal has evaded apprehension or has been tried and acquitted. Modern Statutes. -Most jurisdictions have abolished the distinctions between principals in the first degree, principals in the second degree, and accessories before the fact (accessories after the fact are still treated separately). Under the modern approach, all “parties to the crime” can be found guilty of the criminal offense. For convenience, this section will designate the actual perpetrator of the criminal act as theprincipaland theother parties to the crimeas accomplices. Aprincipalis one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result. Also, anyone who acts through an innocent, irresponsible, or unwilling agent is classified as a principal. -A gives a poisonous drink to B to give to C. B does so; C drinks it and dies. If B did not know that the drink was poisonous, or if B was mentally ill or under duress, A, not B, is the principal. Note that the principal need not be present when the harm results. Anaccompliceis one who (1) with the intent to assist the principal and the intent that the principal commit the crime (2) actually aids, counsels, or encourages the principal before or during the commission of the crime. Anaccessory after the factis one who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. The crime committed by the principal must be a felony and it must be completed at the time the aid is
