Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureMedium
A defendant, angered by a perceived slight, plans to physically assault a victim. The defendant calls a friend and says, 'I need you to drive me to the victim's house and wait in the car while I teach him a lesson.' The friend, knowing the defendant's violent tendencies, agrees and drives the defendant to the victim's house. While waiting in the car, the defendant enters the house and assaults the victim. The friend is charged as an accomplice to assault. Which of the following statements is most accurate regarding the friend's liability?
- AThe friend is not liable because mere presence at the scene is insufficient for accomplice liability.
- BThe friend is liable only if he shared the defendant's specific intent to cause serious bodily harm.
- CThe friend is not liable because he did not directly participate in the physical assault.
- DThe friend is liable as an accomplice because he provided material aid with the intent that the assault occur.
Show answer & explanationAnswer & explanation
Correct answer: D. The friend is liable as an accomplice because he provided material aid with the intent that the assault occur.
Accomplice liability requires two main components: (1) the accomplice must aid, abet, or encourage the principal in the commission of the crime, and (2) the accomplice must do so with the intent that the crime be committed. Here, the friend provided material aid (transportation) and knew the defendant's violent intent, thereby intending to facilitate the assault.
Why the other options are wrong
- A. The friend did more than merely be present; he actively drove the defendant, providing material assistance.
- B. The friend only needs to intend that the assault occur, not necessarily share the specific intent for the exact degree of harm, especially when the principal's intent is clearly communicated.
- C. Accomplice liability does not require direct participation in the physical act, only aiding or abetting with the requisite intent.
Accomplice Liability (Elements)
A person is liable as an accomplice if they aid, abet, or encourage another person to commit a crime, and they do so with the intent that the crime be committed.
- Requires both an actus reus (aid, abet, encourage) and mens rea (intent crime be committed).
- Can be by mere presence if it provides encouragement and intent exists.
- Liable for the target crime and foreseeable crimes resulting from it.
Memory trick: Principals & Accomplices: Partners in Crime.