The actus reus for complicity is, at its most basic level, assistance. There are three means

Question:

• The actus reus for complicity is, at its most basic level, assistance.

• There are three means by which assistance is typically provided: (1) assistance by physical conduct, (2) assistance by psychological influence, and (3) assistance by omission (assuming in this latter case that the omitter has a duty to act).

• For accomplice liability, there are two levels of mens rea. First, there must be some degree of intent or desire to aid the primary offender. Second, there must also be intent to commit the underlying offense.

• The actus reus for accessorial liability happens when the accessory personally aids the person who committed the crime (e.g., by providing a place to “hide out”).

• There are two parts to the mens rea of accessorial liability. First, the accessory must have known that a crime was committed. Second, the individual must have aided the principal for the purpose of hindering arrest and prosecution.

Questions:-

1. Compare and contrast three means by which assistance is provided in the complicity context.
2. Explain the two levels of mens rea for the purposes of complicity.
3. How do the elements of accessory liability differ from the elements of accomplice liability?

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question

Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

Question Posted: