Accessory before the fact:
- 1. Not "present" at the crime
- 2. Gives aid or encouragement (MPC: attempting to give aid)
- 3. With the intent the crime be committed
- Accessory before the fact = full-fledged part of the crime, guilty of the crime.
- 1. aid or encouragement (MPC: attempted aid)
- 2. with intent that crime occur (specific intent req’d)
Withdraw:
- 1. Take aid/encouragement back (MPC: if you try really hard, you may have withdrawn, see Diamond, p. 893, Suppl. 206-6-C)
- 2. Give timely notice of crime (reasonable period where it could be effective).
Accessory after the fact (Diamond, p. 680):
- 1. felony has been committed
- 2. know felon committed the crime
- 3. render aid to felon
- 4. with the purpose of hindering apprehension by authorities (specific intent?)
Accessory vs. Principal:
- 1. Principal in first degree (must have mens rea)
- Using a dupe/instrument makes you principal in 1st, they are innocent actor, not principal (they lack mens rea).
- 2. Principal in 2nd degree
- "Present" at the offense.
- Give aid or encouragement OR MPC attempted to give aid/encouragement.
- 3. Accessory before the fact (must also include INTENT/mens rea that crime occur).
- 4. Accessory after the fact.
Buttorff- Diamond, p. 655, second to last paragraph: principal in the first degree.
State v. Gladstone- Student told narcotics officer who could sell him marijuana.
- Encouraging pretty much by definition purposeful.
- Accused of giving aid in this case.
- Intent in this case NOT ENOUGH...
- "knowing intent" not sufficient, must be purposeful.
- New York: criminal facilitation a compromise position
What about intent to have reckless behavior?
