Introduction to Parties to Crime

Introduction to Parties to Crime

• A person who directly commits a crime is the principal offender (P).
• An accessory or secondary party (D) can also be liable for the crime.
• Common law and statutory rules determine accessory liability, except in cases where it's explicitly excluded.
• D's liability arises if they aided, abetted, counselled, or procured (assisted or encouraged) P.
• The principal offense must be committed for D to be liable.
• D can be liable for an inchoate offense (e.g., aiding an offense that hasn't happened).
• D's liability for inchoate offenses doesn't rely on whether P committed the offense.
• Secondary liability is considered derived from the principal offense.
• To determine D's liability, first, determine if the principal offense occurred, then whether D fulfilled the aiding and abetting requirements.
• It's not necessary to verify the elements of the principal offense. Instead, determine if D's conduct constituted assistance or encouragement with the required mental element (mens rea).
• Some offenses are based on assisting or encouraging an offense, which becomes the offense itself.
• D can be liable for statutory offenses even if the principal offense doesn't occur.
• Offenses of "being knowingly concerned in" a type of behavior (e.g., drug importation) result in individual liability even if there's misconduct by another.
• Current common law secondary liability is complex and problematic.
• Reform is needed to make it clearer, more principled, and fairer.