ABSTRACT
This is the second of two chapters looking at modes of liability. Here an “accessory” or accomplice assists or encourages a “principal” to commit a crime. The principal is straightforwardly culpable, but what about the accessory? After all, maybe the accessory only lent the principal her crowbar for his upcoming burglary — but lending tools is not unlawful, and the accessory was not even physically present at the burglary. Is there a relevant difference if (i) my assistance merely facilitates a crime that would go ahead anyway; or (ii) my assistance is causally necessary for the crime, that is, the crime would not be possible without it? What about a situation where I intentionally assist your crime (burglary), but during the first crime you commit a second one (you assault the house owner)? Have I effectively assisted the second crime too?
