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The Natural and Probable Consequences Doctrine

5 October, 2015 - 15:42

Accomplice liability should be imputed only to blameworthy, deserving defendants. However, in some jurisdictions, if the crime the defendant intentionally furthers is related to the crime the principal actually commits, the defendant is deemed an accomplice. As with legal causation, discussed in The Elements of a Crime, foreseeability is the standard. Under the natural and probable consequences doctrine, if the defendant assists the principal with the intent to further a specific crime’s commission, and the principal commits a different crime that is foreseeablat the time of the defendant’s assistance, the defendant could be liable as an accomplice. 1 Several jurisdictions have rejected this doctrine as an overly harsh extension of accomplice liability. 2