Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureHard
A defendant provides a loaded firearm to a friend, knowing the friend intends to use it to rob a convenience store. The friend successfully robs the convenience store without harming anyone. The defendant is charged as an accomplice to robbery. What level of intent must the prosecution prove against the defendant to secure a conviction as an accomplice?
- AMere knowledge that the friend would commit a crime.
- BIntent to aid or encourage the commission of the crime.
- CReckless disregard for the consequences of providing the firearm.
- DIntent that the crime itself be committed.
Show answer & explanationAnswer & explanation
Correct answer: D. Intent that the crime itself be committed.
To be convicted as an accomplice, the prosecution must generally prove that the defendant (1) intended to aid or encourage the principal in the commission of the crime, AND (2) intended that the crime itself be committed. Mere knowledge is usually insufficient; the accomplice must share the criminal intent of the principal.
Why the other options are wrong
- A. Mere knowledge is generally insufficient for accomplice liability; there must be an intent to facilitate the crime.
- B. While intent to aid is necessary, it must be coupled with the intent that the crime actually occur, making this option incomplete.
- C. Reckless disregard is a lower mental state and typically not sufficient for accomplice liability, which usually requires specific intent.
Accomplice Liability (Mens Rea)
For accomplice liability, the defendant must have the specific intent that the crime be committed and the intent to aid or encourage the principal in its commission.
- Requires dual intent: intent to assist AND intent that the crime occur.
- Mere presence or knowledge is usually insufficient.
- Accomplices are generally held liable for the principal crime and any foreseeable crimes.
Memory trick: ROLES in CRIME determine LIABILITY.