Gavin Howe
Complicity, or accomplice liability, is a legal concept in criminal law that holds an individual accountable for aiding, abetting, or encouraging another person to commit a crime. This means that even if an individual does not directly commit a criminal act, they can still be considered an accomplice and face criminal charges if they are found to have helped or encouraged the perpetrator. In some cases, an accomplice may even be charged with a more serious offence than the primary perpetrator, as seen in the example of manslaughter and murder. This area of law is complex and varies across jurisdictions, but it is clear that complicity plays a significant role in criminal proceedings, with potential penalties including prison time.
| Characteristics | Values |
|---|---|
| Complicity | The act of helping or encouraging another person to commit a crime; accomplice liability |
| Accomplice | A person who aids or encourages another to commit a crime; faces the same criminal liability as the individual who committed the crime |
| Aiding and abetting | A common law term for complicity |
| Conspiracy | An agreement to commit a crime; a co-conspirator is liable for any crime committed by other co-conspirators if the crime falls within the scope of the conspiracy and was a foreseeable consequence |
| Pinkerton liability | A doctrine of derivative liability where an accomplice can be convicted of a crime that was not part of the specific plan, but was a foreseeable consequence |
| Solicitation | When someone asks someone else to commit a crime, which forms a conspiracy |
| Inchoate crimes | Crimes such as conspiracy, solicitation, and attempt that are not fully completed but are still punishable |
| Derivative liability | Accomplice liability is a form of derivative liability, where the accomplice's liability is derived from the actions of the principal perpetrator |
| Criminal intent | For accomplice liability in crimes not involving negligence, there must be evidence that the accomplice shared the criminal intent of the principal perpetrator |
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What You'll Learn
Complicity and accomplice liability
Complicity, also referred to as aiding and abetting, is the act of helping or encouraging another individual to commit a crime. Accomplice liability refers to when an individual is accused of being complicit in a crime and can be found guilty of a crime they did not directly commit. Accomplices face the same criminal liability as the individual who committed the crime, although they cannot be charged with a more serious crime than the primary perpetrator.
An accomplice is defined as a person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime. In the case that an individual is legally incapable of committing a particular crime, they may still be guilty if the crime is committed by another person for which they are legally accountable.
To convict someone of being an accomplice, a prosecutor must prove three elements:
- The defendant aided, counselled, commanded, or encouraged the other person in the commission of the crime.
- The defendant acted with the requisite mental state in their jurisdiction.
- The defendant solicited, commanded, encouraged, or requested the other person to commit the crime, or aided or agreed to aid the person in planning or committing it.
An individual can stop their complicity during the commission of a crime by giving a timely warning to law enforcement or making a good-faith effort to prevent the crime.
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The bar for proving an accomplice charge
To be charged as an accomplice, a prosecutor must prove that the individual had actus reus and mens rea, meaning the accomplice had criminal intent and voluntarily encouraged or assisted the offense. The accomplice must have known that the principal was planning to commit a crime and intended to help them succeed. This can be in the form of lending tools, weapons, money, or other instruments necessary to commit the crime in question. An accomplice does not have to be physically present at the scene of the crime to be found guilty, as they can be found to have provided aid before, during, or after the crime.
In some cases, a person is an accomplice if they had a legal duty to act but did not attempt to prevent the commission of an offense. They can stop their complicity during the commission of a crime by giving a timely warning to law enforcement or making a good-faith effort to prevent the commission of the crime.
There are four different types of criminal charges that can be brought against an accomplice: "principal", "accessory before the fact", "accessory", and "accessory after the fact". A "principal" is someone who is centrally involved in the crime, while an "accessory" is part of the crime but not one of the main people responsible. An "accessory before the fact" is someone who plans the crime but does not act on anything, and an "accessory after the fact" is someone who helps the perpetrators after the crime has been committed.
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The role of intent in accomplice liability
Accomplice liability, also known as complicity, is a legal concept in criminal law that holds an individual guilty of a crime they did not directly commit. This occurs when the individual aids, abets, or encourages another person to commit a crime. The accomplice faces similar or equal criminal liability as the primary perpetrator.
The standard for accomplice liability is not solely based on the accomplice's mental state towards the perpetrator's commission of the offence. Instead, it considers the accomplice's stance towards the perpetrator's intention to act. This stance demonstrates the accomplice's identification with the criminal mens rea, showing callousness towards the reasons against committing the crime.
To be convicted as an accomplice, the prosecutor must generally prove three elements: first, that the defendant aided, counselled, commanded, or encouraged the other person in committing the crime; second, that the defendant acted with the requisite mental state in their jurisdiction; and third, that the defendant did not terminate their complicity prior to the commission of the crime by providing a timely warning to law enforcement or making a good-faith effort to prevent the crime.
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Conspiracy, solicitation, and attempt
Conspiracy is an explicit or implicit agreement between two or more people to commit a crime. It does not merge with the completed target act or offence. The punishment for conspiracy typically parallels the penalty for the target offense. For example, conspiring to commit a felony will be charged as a felony, although the punishment will be less severe. In the United States, a co-conspirator is liable for any crime committed by the other co-conspirators if the crime falls within the scope of the conspiracy and was a foreseeable consequence of the conspiracy.
Solicitation is asking, inviting, encouraging, hiring, or ordering someone to commit a crime. It is not required that the proposed crime be accomplished or attempted for a person to be found guilty of solicitation.
An attempt crime is a crime that was not completed because the defendant failed in their criminal endeavors or was prevented from completing the crime. Defendants who successfully complete a crime can also be charged with an attempt crime, but they cannot be convicted of both.
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Pinkerton liability
In the United States, the Pinkerton liability rule was pronounced by the Supreme Court in Pinkerton v. United States in 1946. The case involved brothers Walter and Daniel Pinkerton, who were charged with one count of conspiracy and ten substantive counts under the Internal Revenue Code. The jury found them guilty of the conspiracy and several substantive counts. However, there was no evidence that Daniel directly participated in committing the substantive offences, even though these offences were committed by Walter in furtherance of the unlawful agreement between the brothers.
The Pinkerton liability rule applies when there is a conspiracy to commit offences described in the substantive charges. It is narrower in scope than aiding and abetting, which makes a defendant a principal when they consciously share in any criminal act, regardless of the existence of a conspiracy. The Pinkerton rule, on the other hand, establishes criminal responsibility for acts that one assists another in performing.
In the Pinkerton case, the Supreme Court held that a co-conspirator is liable for any crime committed by the other co-conspirators if the crime falls within the scope of the conspiracy and is a foreseeable consequence of the conspiracy. This means that under the Pinkerton rule, a person can be found guilty of a crime they did not directly commit but were voluntarily and intentionally involved in. For example, a person may be accused of complicity by providing a way for a friend to enter a building to commit a robbery or acting as a getaway driver.
It is important to note that being accused of accomplice liability or complicity is a serious matter. The penalties for aiding and abetting depend on the underlying crime, and an accomplice cannot be charged with a more serious crime than the primary perpetrator. If facing such charges, it is recommended to seek legal advice from a skilled criminal defence attorney to understand one's rights and make an informed legal plan.
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Frequently asked questions
Complicity in criminal law refers to the act of helping or encouraging another person to commit a crime. An accomplice faces the same criminal liability as the individual who committed the crime.
Traditionally, common law distinguished between a "principal" perpetrator, who is primarily responsible for a crime, and an "accessory" perpetrator, who is less responsible. However, modern approaches have abandoned this distinction.
Under the model penal code, a person can be an accomplice if they attempt to help another person commit a crime. In other words, they do not need to agree to commit the crime themselves.
The mental state required for accomplice liability is the intent to promote or facilitate the commission of the offense. Additionally, some action is required; the accomplice must "participate" in the crime and "seek by their action to make it succeed."
