Criminal law digest pdf free download. The subject of vicarious accomplice liability is governed by different sections of the Code than a vicarious conspiratorial liability and consequently must be separately analyzed. N.J.S.A. 2C:2-6b(3) provides that “[a] person is legally accountable for the conduct of another person when … [h]e is an accomplice of such other person in the commission of an offense.” Under N.J.S.A. 2C:2-6c(1)(a) and (b), an accomplice is a person who, with the purpose of promoting or facilitating another person in the commission of an offense, aids or agrees or attempts to aid the other person in planning or committing the offense or solicits the other person to commit the offense.
Criminal law digest pdf free download
Thus, to be found guilty under a theory of accomplice liability, a defendant must not only have the purpose of promoting or facilitating the commission of a crime but also must have “at least indirectly participated in the commission of the criminal act.” State v. Fair, 45 N.J. 77, 95 (1965); accord, State v. Williams, 263 N.J. Super. 620, 631 (App. Div. 1993), certif. denied, 134 N.J. 477 (1993). In other words, even though a defendant may be found guilty under a theory of conspiratorial liability based solely on an agreement to commit a crime, a defendant must be shown to have engaged in conduct designed to aid another in the commission of a crime to be found guilty under a theory of accomplice liability, See State v. Norman, 151 N.J. 5, 32 (1997).
Criminal law digest pdf free download
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