1. Parties to Crime and Vicarious Liability
Chapter 6
Parties to Crime and Vicarious Liability

2. Chapter Summary 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

3. Introduction 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

4. Parties to a Crime Participants and accessories at common law
principles in the first degree
principles in the second degree
accessory before the fact
accessory after the fact
Most jurisdictions no longer use the common law approach to parties of crime
Lippman, Contemporary Criminal Law, Second Edition

5. Parties to a Crime, cont.
States typically have two parties (besides principles)
accomplices
accessories
Accomplices are usually charged with the offense at hand
Accessories are usually charged with a separate, lesser offense
Lippman, Contemporary Criminal Law, Second Edition

6. Actus Reus of Accomplice Liability
Typically, the act of an accomplice can be very minor.
Mere presence rule
simply being present and watching a criminal act does not satisfy the needed act for liability
Lippman, Contemporary Criminal Law, Second Edition

7. Mens Rea of Accomplice Liability
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
Lippman, Contemporary Criminal Law, Second Edition

8. Mens Rea of Accomplice Liability, cont.
The natural and probable consequences doctrine
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

9. Legal Equation
Lippman, Contemporary Criminal Law, Second Edition

10. Accessory After the Fact
Three elements
commission of a felony
knowledge
an affirmative act
Lippman, Contemporary Criminal Law, Second Edition

11. Legal Equation
Lippman, Contemporary Criminal Law, Second Edition

12. Vicarious Liability
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

13. Vicarious Liability, cont.
Respondeat Superior
holds employers responsible for actions committed by employees
Corporate liability
corporations can also be held accountable (as opposed to owners or CEOs) for criminal acts of employees
Lippman, Contemporary Criminal Law, Second Edition

14. Legal Equation
Lippman, Contemporary Criminal Law, Second Edition

15. Model Penal Code Section 2.07
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

16. Automobiles and Vicarious Liability
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

17. Parents and Vicarious Liability
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