A client, a security guard, is assigned to patrol a warehouse at night. One evening, he notices a colleague, Ben, attempting to pry open a storage locker known to contain valuable electronics. Ben sees the client and whispers, 'Help me out, and I'll split whatever's inside with you.' The client, initially hesitant, shrugs and walks away, continuing his patrol without reporting Ben. Ben successfully breaks into the locker and steals several items. Under common law, is the client liable as an accomplice to Ben's larceny?
- ANo, because he did not actively assist or encourage Ben's actions.
- BNo, because mere presence at the scene and failure to act are generally insufficient for accomplice liability.
- CYes, because his presence at the scene coupled with his failure to intervene provided encouragement.
- DYes, because he had a duty to report and failed to do so, which constitutes encouraging the crime.
Show answer & explanationAnswer & explanation
Correct answer: B. No, because mere presence at the scene and failure to act are generally insufficient for accomplice liability.
Under common law, mere presence at the scene of a crime and failure to intervene are generally insufficient to establish accomplice liability. There must be some active assistance, encouragement, or procurement of the crime. While the client had a duty to report as a security guard, that duty alone does not transform his inaction into accomplice liability for the larceny itself under common law principles.
Why the other options are wrong
- A. This statement is generally true, reinforcing why the client is not an accomplice. His actions were passive, not active assistance or encouragement.
- C. While presence can be a factor if it implies encouragement, mere presence, even with a failure to intervene, is usually not enough unless there's an agreement or a specific intent to assist.
- D. A duty to report might lead to disciplinary action or other charges (like misprision of felony in some jurisdictions), but under common law, it doesn't automatically make someone an accomplice to the underlying crime without active facilitation.
Accomplice Liability (Common Law)
A person is an accomplice under common law if they aid, abet, counsel, or encourage the commission of a crime with the intent that the crime be committed.
- Requires active participation or encouragement.
- Mere presence is generally not enough.
- Must have the intent that the crime be committed.
- Can be liable for the principal crime and any foreseeable crimes.
Memory trick: An A.C.T. of Aid, Counsel, or Encourage, with intent.