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27. If the passenger is prosecuted for theft as an accomplice, should he be convicted?
While on their way home from a ball game, a driver and his passenger stopped at an all-night gas station. The passenger offered to pay for the gas. While the passenger pumped gas, he was surprised to see the driver enter the station, take money from the unattended cash drawer, and get back in the car. The passenger paid the attendant for the gas, and the driver drove off. The driver offered to reimburse the passenger for the gas, but the passenger declined. After discovering the missing cash, the gas station attendant called the police, and the driver was later stopped. The driver escaped with the stolen money, however, and was never prosecuted.
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B is incorrect. The fact that the driver was never prosecuted would likely not preclude the passenger's conviction under the older view (because the passenger was present at the scene of the crime) and definitely would not preclude the conviction under the modern view. However, in this case, the passenger could not properly be convicted regardless of what happened to the driver, because the passenger had no prior knowledge of the driver's crime and no intent to help the driver commit that crime.
C is incorrect. This answer choice offers the incorrect mental state for accomplice liability. The fact that the passenger failed to make any effort to stop the driver's commission of the offense does not amount to the requisite intent.
D is incorrect. Similarly, this answer choice fails to establish the required mental state for accomplice liability. The fact that the passenger paid the attendant while he knew the driver was holding the stolen money does not amount to the requisite intent.