California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, a security guard, is assigned to patrol a warehouse at night. One evening, he notices a colleague, also a security guard, attempting to pry open a safe. The client, instead of intervening or reporting the activity, simply walks away and continues his patrol as if nothing happened, hoping to avoid involvement. The colleague successfully opens the safe and steals valuable electronics. Under common law, what is the client's most likely criminal liability?
- APrincipal in the first degree, because he was present at the scene.
- BAccessory after the fact, because he helped the colleague evade capture.
- CNo liability, as mere presence and failure to act are generally insufficient for accomplice liability.
- DAccessory before the fact, because he had prior knowledge of the crime.
Show answer & explanationAnswer & explanation
Correct answer: C. No liability, as mere presence and failure to act are generally insufficient for accomplice liability.
Under common law, mere presence at the scene of a crime, even with knowledge that a crime is being committed, is generally insufficient to establish accomplice liability. There must be some act or encouragement that aids or abets the principal. The client's passive observation and failure to act do not meet this threshold.
Why the other options are wrong
- A. A principal in the first degree is the actual perpetrator of the crime, which the client was not.
- B. Accessory after the fact requires assisting the principal after the crime to hinder apprehension, which the client did not do.
- D. Accessory before the fact requires aiding or encouraging before the crime, which the client did not do. Knowledge alone is not enough.
Accomplice Liability (Common Law)
Criminal liability for individuals who aid, abet, or encourage the commission of a crime by another person.
- Requires intent to assist the principal and intent that the crime be committed.
- Mere presence is not enough.
- Categories: Principal in 1st/2nd degree, Accessory before/after the fact.
Memory trick: Accomplice: Helping hand, shared demand.