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Criminal Law • Accomplice Liability
CRIMLAW#070
Legal Definition
An accomplice is not guilty as an accomplice if they withdraw—by either repudiating or attempting to neutralize the encouraged crime—before the crime becomes unstoppable, or by notifying the authorities.
Plain English Explanation
An accomplice can avoid liability if they withdraw their assistance. How they withdraw depends on the type of assistance they provided.
If an accomplice provided encouragement, they need to retract that encouragement and make the defendant aware that they no longer support their actions.
If an accomplice provided material support, they need to either take that material support back or neutralize its value. For example, if an accomplice provided a cell phone to a criminal, they could either physically take the cell phone back or deactivate the phone's line rendering it useless.
If an accomplice is unable to either retract their encouragement or take back their material support, the only other option to avoid liability is to notify the police.
Note that no matter which option an accomplice chooses to avoid liability, they must do so before the crime reaches a point where it can no longer be stopped or prevented.
If an accomplice provided encouragement, they need to retract that encouragement and make the defendant aware that they no longer support their actions.
If an accomplice provided material support, they need to either take that material support back or neutralize its value. For example, if an accomplice provided a cell phone to a criminal, they could either physically take the cell phone back or deactivate the phone's line rendering it useless.
If an accomplice is unable to either retract their encouragement or take back their material support, the only other option to avoid liability is to notify the police.
Note that no matter which option an accomplice chooses to avoid liability, they must do so before the crime reaches a point where it can no longer be stopped or prevented.
Hypothetical
Hypo 1: Bob is struggling for money. He doesn't know what to do. He goes to see his Mom for advice. His Mom tells Bob to rob a bank. Result: Bob's Mom has committed the crime of solicitation.
Hypo 2: Bob is struggling for money. He doesn't know what to do. He goes to see his Mom for advice. His Mom tells Bob they should rob a bank together. Bob agrees. They grab guns and hop in their car to go to the bank. Result: Bob and his Mom have committed conspiracy.
Hypo 3: Bob is struggling for money. He doesn't know what to do. He goes to see his Mom for advice and asks her if he should rob a bank. His mom thinks about it, but then says, "Yes, you should do whatever you gotta do to get money." Result: Bob's Mom has provided encouragement for Bob to commit a crime, making her an accomplice. If Bob's Mom wants to avoid liability, she needs to either (a) get back in touch with Bob and withdraw her encouragement, or (b) notify police.
Hypo 4: Bob is struggling for money. He doesn't know what to do. He goes to see his Mom for advice and asks her if he can borrow her gun to rob a bank. His mom says, "You shouldn't rob a bank, but here, you can borrow my gun." Result: Bob's Mom has provided material support for Bob to rob the bank, making her an accomplice. If she wants to avoid liability, she needs to either (a) get her gun back, or (b) notify the police.
Hypo 2: Bob is struggling for money. He doesn't know what to do. He goes to see his Mom for advice. His Mom tells Bob they should rob a bank together. Bob agrees. They grab guns and hop in their car to go to the bank. Result: Bob and his Mom have committed conspiracy.
Hypo 3: Bob is struggling for money. He doesn't know what to do. He goes to see his Mom for advice and asks her if he should rob a bank. His mom thinks about it, but then says, "Yes, you should do whatever you gotta do to get money." Result: Bob's Mom has provided encouragement for Bob to commit a crime, making her an accomplice. If Bob's Mom wants to avoid liability, she needs to either (a) get back in touch with Bob and withdraw her encouragement, or (b) notify police.
Hypo 4: Bob is struggling for money. He doesn't know what to do. He goes to see his Mom for advice and asks her if he can borrow her gun to rob a bank. His mom says, "You shouldn't rob a bank, but here, you can borrow my gun." Result: Bob's Mom has provided material support for Bob to rob the bank, making her an accomplice. If she wants to avoid liability, she needs to either (a) get her gun back, or (b) notify the police.
