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156 U. Pa. L. Rev. 395 (2007-2008)
Causing, Aiding, and the Superfluity of Accomplice Liability

handle is hein.journals/pnlr156 and id is 407 raw text is: CAUSING, AIDING, AND THE SUPERFLUITY OF ACCOMPLICE LIABILITY MICHAEL S. MOORE' I. THE PUZZLE OF ACCOMPLICE LIABILITY ..................,.....................396 II. SOME BAD REASONS FOR THINKING ACCOMPLICE LIABILITY TO BE NONCAUSAL OR OTHERWISE DISTINCT IN ITS STRUCTURE.....402 A. Liability as an Accomplice Does Not Depend on One Being a Necessary Condition of the Harm, but Causation Does ............402 B. Accomplices Cannot Cause the Results Brought About by the Actions of Their Principals Because Those Latter Actions Are Intervening Causes..............................................408 C. Accomplices Cause the Harms They Aid but Only in a Distinct, Secondary, and Anemic Sense of Cause..................412 D. The Supposed Inapplicability of the Causative Verbs of English to the Causings of Accomplices...................................414 E. Nonproxyable Crimes and the Need for Accomplice Liability .....418 III. BEGINNING AGAIN: THE BASES OF ACCOMPLICE LIABILITY.....420 A. Truly Causal Accomplices......................................................420 B. Necessary Accomplices............................................................424 C. Chance-Raising Accomplices ..................................................432 D. Necessary to Chance Accomplices? ..........................................440 E. Subjectively Culpable Accomplices...........................................442 F. Vicarious Accomplices............................................................446 IV. SOME CONCLUSIONS ABOUT THE FOUR KINDS OF ACCOMPLICES.............................,...................................448 t Walgreen University Chair, Professor of Law, Professor of Philosophy, Professor in the Center for Advanced Studies, Co-Director of the Program in Law and Philoso- phy, University of Illinois. This paper was given to the faculty in the Program in Criminal Law and Procedure of the University of Illinois, to the Faculty Workshop of the University of Pennsylvania Law School, and to GALA workshops of the Boalt Hall Faculty, University of California, Berkeley. Thanks go to the participants at each of these presentations for their many helpful comments. Special thanks go to my long- time friend and former colleague on the Boalt Hall faculty, Sanford Kadish, whose work on accomplice liability has had far more influence on the present work than the citations below would indicate. (395)

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