Question

In a few paragraphs - Discuss the difference between complicity and vicarious liability. Describe which crimes might involve complicity and which crimes might involve Vicarious liability.

Answer 1

Complicity is when someone commits a crime and has assistance, the helper might be liable for the crime as well. This depends on the level of criminal intent (the desire to commit a crime), the helper has when the crime occurred. If that person had no idea that the principal (primary actor in the commission of a crime) was committing a crime, then there is no liability for the helper. However, if the person assisted with the intent of committing the crime to its completion, then that person is an accomplice and is liable for the crime, the same as the principal. Examples are Serving as the get away driver in a bank robbery. Turning off the alarm system of a jewelry store in which you work, knowing that it will be robbed later that evening.Loaning handgun to someone who you know is planning to commit a crime.

Vicarious liability means that when the principal has someone acting on their behalf, they are responsible for that person's actions. This can refer to a person's liability in committing a crime, but it's typically used when a person has someone acting on their behalf.Example the driver of the get-away car is guilty of the armed robbery of a store even though the driver never left the car, and the entire robbery itself was committed by others.Common felonies where vicarious liability is triggered includes crimes like robbery, burglary, rape, arson, kidnapping.