In a recent case before the New Jersey Supreme Court, the issue was raised whether, under New Jersey’s accomplice liability law, a jury can convict a defendant of robbery and felony murder based solely on defendant’s after-the-fact conduct aimed at concealing the murder weapon and hindering the apprehension of the robber.
The Court held that the defendant could not be found guilty as an accomplice of robbery and felony murder unless he shared the principal’s intent to commit the theft before or at the time the theft or attempted theft was committed. Because the prosecutor improperly advised the jury that it could convict defendant of robbery and felony murder solely on the ground that he aided in the robber’s escape, even if he did not participate or assist in any way in the attempted theft or killing, the Court ordered a new trial.
You can read the Court’s full opinion here.
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