Inchoate crimes; parties - Parties to crime

Learning Outcomes

After reading this article, you will be able to identify and distinguish the roles of principals, accomplices, and accessories in criminal law. You will understand the mental state required for accomplice liability, the scope of liability for parties to a crime, and the key defenses available. You will be able to apply these principles to MBE-style questions on inchoate crimes and parties.

MBE Syllabus

For the MBE, you are required to understand the legal rules governing criminal liability for those who participate in the commission of crimes. This article focuses your revision on:

  • The distinction between principals, accomplices, and accessories after the fact.
  • The mental state required for accomplice liability.
  • The scope of liability for accomplices, including liability for additional crimes.
  • Defenses to accomplice liability, including withdrawal.
  • The effect of protected classes and necessary parties on liability.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is required for accomplice liability?
    1. Physical presence at the scene of the crime.
    2. Intent to assist and intent that the principal commit the crime.
    3. Actual commission of the crime by the accomplice.
    4. Mere knowledge that a crime will occur.
  2. An accessory after the fact is:
    1. Liable for the original felony.
    2. Liable for all foreseeable crimes.
    3. Liable for a separate crime of assisting a felon after completion of the crime.
    4. Not criminally liable.
  3. Which defense is generally available to an accomplice who only encouraged a crime?
    1. Withdrawal by timely repudiation.
    2. Mistake of law.
    3. Duress by a third party.
    4. Voluntary intoxication.

Introduction

For criminal liability, it is not only the person who directly commits the crime who may be held responsible. The law recognizes different categories of parties who participate in or assist with criminal conduct. Understanding these roles and their requirements is essential for MBE questions on inchoate crimes and parties.

Parties to a Crime: Principal, Accomplice, Accessory

At common law, parties to a felony were classified as principals (first or second degree), accessories before the fact, and accessories after the fact. Modern statutes have largely abolished these distinctions, except for accessories after the fact, and treat most participants as principals.

Key Term: Principal The person whose acts or omissions constitute the actus reus of the crime. A principal is the main actor in the commission of the offense.

Key Term: Accomplice A person who, with the intent to assist and the intent that the crime be committed, aids, counsels, or encourages the principal before or during the commission of the crime.

Key Term: Accessory After the Fact A person who, knowing a felony has been completed, assists the principal to avoid arrest, prosecution, or conviction. This is a separate crime from the original felony.

Accomplice Liability: Act and Intent

To be liable as an accomplice, a person must:

  • Aid, counsel, or encourage the principal before or during the crime.
  • Act with the intent to assist and the intent that the principal commit the crime.

Mere presence at the scene or knowledge that a crime will occur is not enough. The accomplice must have a dual intent: to help and to see the crime succeed.

Key Term: Dual Intent (Accomplice Liability) The accomplice must intend both to assist the principal and that the principal commit the substantive offense.

Scope of Accomplice Liability

An accomplice is liable for:

  • The crime he or she assisted or encouraged.
  • Any other crimes committed by the principal that are a natural and probable consequence of the intended crime.

Defenses to Accomplice Liability

A person who only encouraged the crime may avoid liability by timely repudiation of encouragement before the crime is committed. If the accomplice provided physical assistance, withdrawal generally requires neutralizing the assistance or notifying authorities in time to prevent the crime.

Protected Classes and Necessary Parties

A person protected by the statute (e.g., a minor in a statutory rape law) cannot be held liable as an accomplice. If a crime necessarily requires two parties (e.g., sale of drugs), and the statute only punishes one, the other is not liable as an accomplice.

Accessory After the Fact

An accessory after the fact is not liable for the original felony, but for a separate crime of assisting a felon after the crime is complete. The prosecution must prove knowledge of the completed felony and assistance to help the felon avoid justice.

Worked Example 1.1

A, knowing that B plans to rob a store, gives B a map of the store and advice on the best escape route. B robs the store and, during the robbery, assaults a security guard. Is A liable for robbery and assault?

Answer: Yes. A is an accomplice to robbery because he intentionally assisted B and intended the robbery to occur. A is also liable for the assault if it was a foreseeable consequence of the robbery.

Worked Example 1.2

C, a friend of D, learns that D has just committed a burglary. C allows D to hide in her garage to avoid arrest. Is C liable for burglary?

Answer: No, C is not liable for burglary. C is an accessory after the fact and may be guilty of a separate crime for assisting D after the burglary was complete.

Exam Warning

On the MBE, mere knowledge that a crime will occur is not enough for accomplice liability. The accomplice must have the intent to assist and the intent that the crime be committed.

Revision Tip

If the statute protects a certain class (e.g., minors in statutory rape), that class cannot be prosecuted as accomplices or conspirators.

Key Point Checklist

This article has covered the following key knowledge points:

  • Modern law treats most parties who assist or encourage a crime as principals, except for accessories after the fact.
  • Accomplice liability requires both assistance (or encouragement) and dual intent: to assist and that the crime be committed.
  • Accomplices are liable for the crime assisted and any foreseeable additional crimes.
  • Withdrawal is a defense only if the accomplice neutralizes assistance or gives timely notice to authorities.
  • Members of a protected class or necessary parties not provided for by statute are not liable as accomplices.
  • Accessories after the fact are liable for a separate crime, not for the original felony.

Key Terms and Concepts

  • Principal
  • Accomplice
  • Accessory After the Fact
  • Dual Intent (Accomplice Liability)
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
AdaptiBar
One-time Fee
$395
Assessment Day
One-time Fee
$20-39
BarPrepHero
One-time Fee
$299
Job Test Prep
One-time Fee
$90-350
Quimbee
One-time Fee
$1,199

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal