NJ Accomplice & Other Third Party Liability

NJ Accomplice & Other Third Party Liability

In New Jersey, the law allows holding people criminally responsible for aiding, facilitating, or contributing to illegal acts committed by others. Charging accomplices and third parties aims to deter criminal assistance and conspiracy. But critics argue it can ensnare minor contributors and bystanders unfairly.

Accomplice Liability

Under New Jersey statute 2C:2-6, someone who intentionally helps another person commit a crime can face equal criminal charges as an “accomplice.” Ways of being an accomplice include[1]:

• Knowingly aiding, agreeing to aid, or attempting to aid the criminal act.
• Soliciting someone else to commit the offense.
• Giving advice or encouragement before the crime.
• Agreeing to stand by at the scene to help if needed.

However, mere presence at the scene of a crime or knowledge about it is insufficient for accomplice liability. The accomplice must intentionally contribute through words or actions.

Strict Liability Accomplice

For strict liability crimes that don’t require intent, New Jersey law has a separate “strict liability accomplice” provision under 2C:2-6(e)(2). This holds people accountable for soliciting, aiding, agreeing to aid, or attempting to aid strict liability crimes.

So even if someone isn’t aware their actions will facilitate a strict liability offense, they can still be charged as an accomplice. This aims to deter any assistance to serious crimes.

Conspiracy Liability

Under 2C:5-2, it’s also a crime in itself to agree with others to engage in illegal conduct – even if the planned crime never happens. A conviction for criminal conspiracy requires[2]:

• An agreement with one or more persons to commit a crime.
• Intent to promote or facilitate the planned offense.
• Commitment of an overt act in furtherance of the conspiracy.

Conspiracy charges aim to catch criminal collaborations in the planning stages before acts are completed.

Criminal Facilitation

Under 2C:5-2(a)(2), it’s a third degree crime if someone aids the commission of an offense simply by providing firearms, dangerous instruments, or other means of facilitating illegal acts. This applies even if the person doesn’t specifically intend the acts committed or share conspiratorial intent.

Criminal Solicitation

New Jersey law also makes it a crime under 2C:5-1 to command, encourage, or request someone else to commit a criminal offense, whether directly or indirectly. This bans soliciting crimes through speech.

Grades of Accomplice Liability

Accomplices are accountable for the same grade offense as the principal actor. But for higher level crimes like murder, an accomplice may have a mitigated liability if they didn’t intend the principal’s acts or showed only slight culpability[3].

Defenses for Accomplices

Potential defenses to accomplice liability include[4]:

• No intent – the accomplice didn’t knowingly intend to facilitate the crime.
• Duress – the accomplice acted under threat or coercion.
• No actus reus – the accomplice didn’t perform any act to assist the crime.
• Unreliable testimony – the evidence against the accomplice is weak.

The prosecution must prove the accomplice acted purposefully with intent to promote or facilitate the criminal conduct.

Pinkerton Liability

Under the Pinkerton doctrine followed by federal courts and some states, members of a conspiracy can be liable for reasonably foreseeable crimes committed by co-conspirators during and in furtherance of the conspiracy. But New Jersey hasn’t adopted Pinkerton liability[5].

Criminal Enterprise Liability

Under 2C:41-1 et seq., New Jersey law also makes it a crime to participate in organized criminal groups like gangs involved in racketeering activity. This targets group criminality.

Policy Considerations

Accomplice and conspiracy laws involve complex policy issues[6]:

Arguments for these laws:

• Deter group criminality and early intervention.
• Reflect culpability of knowing contributors.
• Necessary to prosecute shadowy organizers.

Arguments against:

• Risks overcriminalization, esp. conspiracy.
• Sweeps in minor actors and speech.
• Relies on cooperating accomplice testimony.

Lawmakers continue debating how to appropriately define complicity while preventing unjust association liability.

Conclusion

New Jersey accomplice and conspiracy laws impose criminal liability on those intentionally involved in illegal acts by others. But critics argue edge cases risk punishing non-culpable behavior. Defense attorneys can argue their client lacked requisite intent or involvement. These complex legal issues require case-by-case analysis by experienced criminal practitioners.

Citations

[1] New Jersey Accomplice Liability Laws

[2] CALCRIM No. 415. Conspiracy

[3] 2C:2-6. Liability for conduct of another; complicity

[4] CALCRIM No. 401. Aiding and Abetting: Intended Crimes

[5] What is Pinkerton Liability?

[6] Conspiracy Theory