Mental States
Two mental states are required for accomplice liability. First, the accomplice must act with at least the same mental state required for the commission of the crime. For example, if the crime is common law murder the state must prove that the accomplice acted with malice. Second, the accomplice must act for the purpose of helping or encouraging the principal to commit the crime.
The accomplice can be guilty of a greater offense than the perpetrator. For example, A and B discover B's wife in an adulterous relationship with C. A says kill C. B pulls his gun and shoots C killing him. B would have the benefit of provocation which would reduce his offense to manslaughter. A, however, would be guilty of murder.
Read more about this topic: Complicity
Famous quotes containing the words mental and/or states:
“Dining-out is a vice, a dissipation of spirit punished by remorse. We eat, drink and talk a little too much, abuse all our friends, belch out our literary preferences and are egged on by accomplices in the audience to acts of mental exhibitionism. Such evenings cannot fail to diminish those who take part in them.”
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