Transcript Parties to Crime and Vicarious Liability

Chapter 6
Parties to Crime and Vicarious
Liability
Chapter Summary
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Second parties liable for crime
Parties to a crime
Actus reus of accomplice liability
Mens rea of accomplice liability
Accessory after the fact
Vicarious liability
Automobiles, parents, and vicarious liability
Lippman, Contemporary Criminal Law, Second Edition
Introduction
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Multiple parties can be liable for one crime
Those who assist the perpetrator of a crime are
held criminally responsible
For certain offenses, individuals can be held to
be vicariously liable for the actions of someone
else
Lippman, Contemporary Criminal Law, Second Edition
Parties to a Crime
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Participants and accessories at common law
principles in the first degree
 principles in the second degree
 accessory before the fact
 accessory after the fact
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Most jurisdictions no longer use the common
law approach to parties of crime
Lippman, Contemporary Criminal Law, Second Edition
Parties to a Crime, cont.
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States typically have two parties (besides
principles)
accomplices
 accessories
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Accomplices are usually charged with the
offense at hand
Accessories are usually charged with a separate,
lesser offense
Lippman, Contemporary Criminal Law, Second Edition
Actus Reus of Accomplice Liability
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Typically, the act of an accomplice can be very
minor.
Mere presence rule
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simply being present and watching a criminal act
does not satisfy the needed act for liability
Lippman, Contemporary Criminal Law, Second Edition
Mens Rea of Accomplice Liability
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A great deal of disagreement exists among states
on this subject.
Typically, a “dual intent” must be satisfied
where the defendant must posses intent
to assist the primary criminal party
 that the primary party commit the offense charged
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Lippman, Contemporary Criminal Law, Second Edition
Mens Rea of Accomplice Liability,
cont.
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The natural and probable consequences
doctrine
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a person encouraging or facilitating the commission
of a crime will be held liable as an accomplice for
the crime aided, as well as for crimes that are the
natural and probable outcome of the criminal
conduct
Lippman, Contemporary Criminal Law, Second Edition
Legal Equation
Lippman, Contemporary Criminal Law, Second Edition
Accessory After the Fact
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Three elements
commission of a felony
 knowledge
 an affirmative act
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Lippman, Contemporary Criminal Law, Second Edition
Legal Equation
Lippman, Contemporary Criminal Law, Second Edition
Vicarious Liability
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Imposes criminal liability on an individual for a
criminal act committed by another
Similar to strict liability
Holds vehicle owners responsible for tickets
Lippman, Contemporary Criminal Law, Second Edition
Vicarious Liability, cont.
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Respondeat Superior
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holds employers responsible for actions committed
by employees
Corporate liability
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corporations can also be held accountable (as
opposed to owners or CEOs) for criminal acts of
employees
Lippman, Contemporary Criminal Law, Second Edition
Legal Equation
Lippman, Contemporary Criminal Law, Second Edition
Model Penal Code Section 2.07
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Imposes corporate liability when such criminal
conduct is authorized, requested, commanded,
performed, or recklessly tolerated by the board
of directors acting on behalf of the corporation
within the scope of office or employment
Lippman, Contemporary Criminal Law, Second Edition
Automobiles and Vicarious Liability
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The owner of a vehicle is responsible for
parking tickets even if the vehicle was loaned to
a different driver.
Lippman, Contemporary Criminal Law, Second Edition
Parents and Vicarious Liability
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Some states have laws holding parents
responsible for some actions of their children.
Parents must take reasonable steps to prevent
their children from engaging in serious or
persistent criminal behavior.
Lippman, Contemporary Criminal Law, Second Edition