Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureHard
A defendant participates in a protest that turns violent, with some participants smashing windows and looting stores. The defendant did not personally smash any windows or loot, but was part of the group that engaged in these acts and yelled encouragement to others. The defendant is charged with riot and larceny under an accomplice theory. What is the most likely outcome for the larceny charge?
- ANot guilty, as the defendant lacked specific intent for larceny.
- BNot guilty, as the defendant did not personally commit the larceny.
- CGuilty, as the defendant encouraged the criminal acts.
- DGuilty, if the larceny was a foreseeable consequence of the riot.
Show answer & explanationAnswer & explanation
Correct answer: D. Guilty, if the larceny was a foreseeable consequence of the riot.
Under accomplice liability, a defendant can be held responsible not only for the crime they intended to aid or encourage but also for any other crimes committed by the principal that were a natural and probable consequence of the original crime. Looting during a violent riot is often considered a foreseeable consequence.
Why the other options are wrong
- A. Specific intent for the riot (or to encourage it) is key, and if larceny is a natural and probable consequence, the specific intent for larceny itself is not always required for accomplice liability.
- B. Accomplice liability allows for conviction even if the defendant did not personally commit the principal act.
- C. While encouragement is part of accomplice liability, the 'natural and probable consequence' doctrine is the specific legal principle that connects the encouragement of the riot to the larceny.
Natural and Probable Consequences Doctrine (Accomplice Liability)
An accomplice is liable not only for the crime she intended to facilitate but also for any other crimes committed by the principal that were a natural and probable consequence of the criminal act she aided and abetted.
- Expands accomplice liability beyond the intended crime.
- Requires foreseeability of the additional crimes.
- Applies to crimes committed by the principal in furtherance of the original crime.
Memory trick: ACCOMPLICES are linked to FORESEEABLE crimes.