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This
Discussion Board has 2 hypos posted that deal with accomplice liability.
Read each hypo and then answer the questions accordingly and seprately.
HYPO 1 FACT
PATTERN
The evidence
adduced at trial reveals that undercover police officers approached Henry and
inquired as to whether “anyone” was working? Henry replied “Yeah. My boy right
here will hook you up.” He then motioned to Bill, who was standing
approximately five feet away. The undercover officers subsequently walked away
with Bill and purchased drugs approximately fifteen feet from where Henry
remained.
Is Henry an
accomplice? Why or why not?
HYPO 2 FACT
PATTERN
The
defendant, Rupert Pupkin, and his co-defendant, Jack Walsh, were convicted
after a joint trial of second degree manslaughter, based upon a fatal assault
that took place in the back seat of Pupkin's car on the night of January 10,
2010. Pupkin, who was driving the car at the time, was convicted as an
accomplice, and claims on appeal that the evidence at trial was insufficient to
prove his guilt beyond a reasonable doubt.
A fight in
Pupkin's car between Walsh and the decedent, Jimmy Serrano, broke out over
Serrano's alleged complicity in the sale of narcotics to Walsh's drug-addicted
teenage son. Serrano had met Walsh and Pupkin earlier that evening when they
had come to the apartment of a friend from whom Walsh's son had allegedly been
buying his drugs. Serrano went into the car with Walsh and Pupkin and a
discussion ensued regarding Walsh's concerns about his son's purchase of drugs.
There is no evidence, however, that either Walsh or Pupkin knew at this time of
any connection between Serrano and the drug sales. Only after the three men
went, at Walsh's urging, to see Walsh's son, was Serrano identified as having
knowledge of, and possible complicity in, the drug sales. It was while Serrano
was being driven back towards his home that Walsh assaulted Serrano in the
backseat of Pupkin's car, which was being driven by Pupkin. The severely
injured Serrano was then abruptly let out of the car in a largely deserted
industrial area of Brooklyn, where he was found unconscious by the police
roughly two hours later. Serrano subsequently died.
Is Pupkin an
accomplice in the manslaughter? Why or why not?
Criminal Code; Accomplice Liability
Student’s
Name
Institutional
Affiliation
Course
Professor’s
Name
Date
Accomplice
Liability
HYPO
1
An accomplice is a person who aids in committing a crime by giving any form of assistance to a person committing the crime. Even the act of encouraging one to commit a crime is considered to be an accomplice liability. An accomplice does not need to actively participate in the crime, but the acts mentioned above result in accomplice liability. Henry helps Bill to commit a crime. Bill serves as the right-hand man to Henry and therefore works together in selling the drugs. The fact that Henry is aware of the crime involved under his aid qualifies for liability. Henry is, therefore, an accomplice in this case. “Conviction under Section 2(a) requires that a defendant embrace the crime of another and consciously do something to contribute to its...
