Collective Crimes

55 Pages Posted: 25 Feb 2021

See all articles by Nicholas Almendares

Nicholas Almendares

Indiana University Maurer School of Law

Dimitri Landa

New York University (NYU) - Wilf Family Department of Politics

Date Written: 2021

Abstract

The legal consequences of the riot at the Capitol on January 6, 2021 are hotly debated. Thousands of people were involved in different ways, from pitched battles with police to allegedly inciting the event itself, naturally leading us to complicity—when the law holds someone responsible for the acts of another. The legal issues surrounding determination of liability for the Capitol Riot vividly illustrate the long-standing shortcomings in this area of law. It is characterized by vague, contradictory standards that provide little guidance and force courts to create ad hoc exceptions in order to avoid absurd results. The result is uncomfortably close to an “I know it when I see it” doctrine of complicity, and especially with complex important cases like the Capitol Riot we should hope for more.

Complicity law can be much improved by grounding it in the philosophical theory of joint intention, which focuses on specifying and analyzing conditions under which individual intentions of participants combine to enable working together towards a shared end. We develop an account of such grounding and show how a distinct mens rea of accomplice liability to which it gives rise can guide law and parse complex situations like the Capitol Riot. This account sheds new light on the doctrine of incitement and provides conditions under which even those with relatively little direct involvement in the events of the day can be deemed complicit in some of the crimes that were carried out. Complicity grounded in the proposed account of joint intention holds the promise of a more coherent law that can be more consistently applied and that helps rationalize a number of controversial doctrines while putting others in their proper place.

Keywords: Crimes, Capitol Riot, Complicity Law, Incitement, Criminal Complicity, Accomplice Liability, Washington D.C. , District of Columbia

JEL Classification: K, K00, K14

Suggested Citation

Almendares, Nicholas and Landa, Dimitri, Collective Crimes (2021). Indiana Legal Studies Research Paper No. 431, Available at SSRN: https://ssrn.com/abstract=3791701 or http://dx.doi.org/10.2139/ssrn.3791701

Nicholas Almendares (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Dimitri Landa

New York University (NYU) - Wilf Family Department of Politics ( email )

715 Broadway
New York, NY 10003
United States

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