CCJS230 Chapter 7 Complicity establishes when you can be criminally liable for someone else s conduct applies criminal liability to accomplices and accessories Vicarious Liability establishes when a party can be criminally liable because of a relationship transfers the criminal conduct of one party to another because of their relationship Parties to Crime Agency Theory accomplice liability theory that assumes we re autonomous agents with the freedom to choose our actions and become accountable for someone else s actions when we voluntarily join in and identify with those actions Forfeited Personal Identity Theory the idea that when you choose to participate in crime you forfeit your right to be treated as an individual your acts are my acts In Common Law there are 4 parties to crime 1 Principals in the First Degree Persons who actually commit the crime 2 Principals in the Second Degree persons present when the crime is committed and who help commit it lookouts and getaway drivers 3 Accessories before the fact persons not present when the crimes are committed but who help before the crime is committed for example someone who provided a weapon used in a murder 4 Accessories after the fact persons who help after the crime is committed ex harboring a fugitive Participation Before and During the Commission of a Crime Accomplices participants before and during the commission of crimes Accessories participants after crimes are committed Accomplice Liability liability that attaches for participation before and during a crime committed Accessory liability liability that attaches for participation after crimes are Conspiracy an agreement to commit some other crime Pinkerton rule the crime of conspiracy and the crime the conspirators agree Accomplice actus reus defendant took some positive acts in aid of the to commit are separate offenses commission of the offense Ex providing guns supplies or other instruments Serving as a lookout Driving a getaway car Sending the victim to the principal Preventing warnings from getting to the victim Mere presence rule person s presence at the scene of a crime doesn t by itself satisfy State v Ulvinen 1981 Facts Carol Hoffman Helen Ulvinen s daughter in law was murdered on August 10 by her husband David He tried to make love and she refused he lost his temper and began choking her thought that he had to get the evil out of her by dismembering her body After his wife died he got his mother to wake up to make sure his child would not go into the bathroom where David was dismembering her body Convicted of first degree murder Issue Did the trial court err in convicting Helen of first degree murder Holding Her conviction must be reversed Words of encouragement did not seem to motivate David Accomplice not present when the crime was committed Accomplice Mens Rea Knowingly but not purposely helping someone Leasing an apartment to someone you know is using it for prostitution A gun dealer sells you a gun and she knows your going to shoot A telephone company provides service to a customer it knows is going A farmer leases 200 acres of farmland to a renter he knows is going to someone with it to use it for illegal gambling grow weed for sale Purposely helping another commit a crime Knowingly helping someone who is going to commit a crime but not for the purpose of benefitting from the crime U S v Peoni Purpose is needed because the words in the statute demand that he in some sort associate himself with the venture that he participate in it as in something that he wishes Case goes back and forth as to whether the aider and abettor has to purposely assist the other person commit the crime Sometimes even reckless negligence will suffice Did the participant predict that aiding and abetting one crime might reasonably lead to another if so guilty for both Accessory after the Fact Usually a misdemeanor Most after the fact statutes have four elements 1 The accessory personally aided the person who committed the crime actus reus 2 The accessory knew the felony was committed mens rea 3 The accessory aided the person who committed the crime for the purpose of hindering the prosecution of that person mens rea 4 Someone besides the accessory actually committed a felony circumstance State v Chism Facts Brian Chism charged with being an accessory after the fact and sentenced to 3 years Duke gave Brian a ride in his automobile with Brian disguised as a female Persuaded Ira Brians uncle ex wife Gloria to come outside Ira and Gloria got into an argument and Ira stabbed her Ira pushed Gloria into the vehicle they all drove off Majority Opinion Yes No protest or attempt to leave car when Gloria was shoved in the car No attempt to persuade Duke to escape No immediate effort to report the crime Complied with Lloyd s directions Supreme court affirmed the conviction vacated the sentence and remanded the case for resentencing Dissent guilty by association None of the evidence presented proved that he had specific intent to assist the principal Vicarious Liability upon them Actus reus and mens rea of one party is imputed to another party placed Most vicarious liability involves a business relationship Vicarious liability can flow from individuals to corporations and other business entities and from individuals to individuals Respondeat Superior a doctrine in tort law that makes a master liable for the wrong of a servant in modern terms an employer may be liable for the wrong of an employee State v Zeta Chi Facts age of party goers minors sex in exchange for money sale of alcohol at a fraternity rush party Issue Whether the individuals responsible for making the beer available for sale to an under aged partygoer was acting on behalf of the fraternity Whether the state proved that the fraternity knowingly allowed prostitution to occur at the party Holding yes Because the fraternity is a corporation and a corporation acts through its agents the knowledge acquired by the agent s transfers to the corporation The fraternity members had control over the conditions in the house and encouraged the illegal activity Both the corporation and members were charged State v Tomaino 1999 Facts sold porn to a minor Issue Whether the appellant acted recklessly by not having a sign saying no sales to juveniles No person with knowledge of its character or content shall reckless do any of the following sell deliver furnish disseminate provide exhibit rent present to a juvenile any material or performance that