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The accomplice to a felony or misdemeanor is the person who, by aiding or abetting, facilitates its preparation or commission. Any person who, by means of a gift, promise, threat, order or an abuse of authority or powers, provokes the commission of an offence or gives instructions to commit it, is also an accomplice.
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. [citation needed]
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide).
This suggests that conspiracy is the only criminal form of complicity, which is not consistent with the rest of the article or the referenced articles, which treat being an accomplice as likely criminal. (The article also ought to be clearer about whether being an accomplice and being complicit are considered as synonymous.)
Backun v. United States, 112 F.2d 635 (4th Cir. 1940), [1] is a criminal case that held that the mental element for complicity in a crime is that the accessory had knowledge that aiding or abetting would facilitate the criminal act of the principal, and did not require the accomplice have the same purpose as the principal. [2]
In law, willful ignorance is when a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated.
The article on Accomplice should be merged into Complicity as they both deal with the same concept. Complicity merits discussion; an accomplice is simply someone who engages in complicity. Pol098 15:57, 29 December 2012 (UTC) Closing this, interpreting lack of discussion over a year-and-a-half as a lack of interest in the merge.
The general rule in criminal law is that there is no vicarious liability. This reflects the general principle that crime is composed of both an actus reus (the Latin tag for "guilty act") and a mens rea (the Latin tag for "guilty mind") and that a person should only be convicted if they are directly responsible for causing both elements to occur at the same time (see concurrence).