Accomplice liability consists of two elements:
1) A person actually intends to help another person commit a crime
Example: My friend asks me to drop him off at Five Guys restaurant because he says he is hungry and craving a cheeseburger. After entering he robs the restaurant, which as it turns out was his plan all along. Did I act as an accomplice? NO. There was no intent on my part. I had no idea that his plan was to rob the Five Guys restaurant, and I therefore did not intend to help him commit this crime.
AND
2) The individual actually aids, encourages, or otherwise helps the other person commit the crime.
Example: My friend says to me, “I’m thinking about robbing Five Guys restaurant.” I tell him, “I think you should do it. In fact let me give you a ride there.” I then drive my friend to the Five Guys restaurant, and he commits the robbery. Did I act as an accomplice? YES. I intended to help my friend commit a crime and I aided him in doing it.
Note: Accomplice liability is not actually a separate crime, or its own crime. A person who acts as an accomplice is simply guilty of the same crime that the person he aids commits. In the previous example the crime I would be guilty of would be robbery.
If the defendant on an MBE fact pattern acts as an accomplice to murder, for example, the correct answer might just say he is guilty of “murder,” not “accomplice to murder.”
Accessory after the fact
The crime of accessory after the fact involves knowingly helping another person avoid being apprehended or convicted after a felony has been committed.
Example: I am eating lunch with my friend at Five Guys restaurant when he suddenly pulls out a weapon and robs the cashier. I had no idea he was going to do this, nor did I encourage or aid him in committing the felony in any way (so there’s no accomplice liability). However, right after the robbery is complete I drive him back to my house and hide him in my basement to help him avoid being located by the police. Here I would be guilty of just the crime of accessory after the fact.
Note: Unlike accomplice liability, accessory after the fact is its own separate crime, and that’s the crime I would be guilty of in the above example (not robbery).
Mere Presence At A Crime Scene
Mere presence alone at a crime scene is NOT sufficient for accomplice liability. Remember that an accomplice must aid or encourage the person committing the crime in some way (either before the crime, during the crime, or both).
Example: I’m walking down the street with a friend when my friend suddenly pulls out a knife and begins stabbing a person on the sidewalk, which I had no idea he was going to do. I simply stand right where I am and watch this happen, never saying a word and never moving a muscle. My friend then sprints away and I continue walking home by myself, leaving the innocent victim on the ground helpless. Am I a despicable, disgusting, and morally reprehensible person? Yes, absolutely. However, am I guilty of ANY crime? NO. I was present at the crime scene, but I did not aid or encourage my friend in any way (either before or during the act), so I did not act as an accomplice. Furthermore, I did nothing to help my friend get away with the crime after it was completed (he fled the crime scene on his own and I walked home on my own), so I was not an accessory after the fact either.
With such questions the bar examiners want your moral outrage to lead you to the incorrect answer (perhaps a questionable tactic against aspiring lawyers). After all the correct answer here just seems like it should be wrong. However, always know your rules and remain objective on the MBE exam and you will find the correct answers.
What to Know
- Accomplice liability requires a person to both have the intent to help another person commit the crime, and to actually aid, encourage, or otherwise help the person commit the crime.
- Accomplice liability is not a separate crime, or its own crime. The crime the accomplice commits is exactly the same crime as the person, or persons, he aided.
- An accessory after the fact knowingly helps another person avoid being apprehended or convicted after a felony has been committed. This is its own separate crime, and “accessory after the fact” is the MBE answer you would be looking for if the fact pattern tells you this crime was committed.
- Mere presence alone at a crime scene is not sufficient for accomplice liability. Read the facts carefully to make sure that the individual actually encouraged or aided the person committing the crime (either before or during the crime).