MBE Rules · Criminal Law
Innocent Agent Doctrine
Innocent instrumentality
The rule
One who causes a crime through an innocent or irresponsible agent (child, insane person, unwitting actor) is the principal, liable as if she performed the act personally.
In plain English
The Innocent Agent Doctrine holds that if someone uses an innocent or irresponsible person to commit a crime, the person who orchestrated the act is still legally responsible as if they committed the crime themselves. This applies to situations involving children, mentally incapacitated individuals, or anyone who does not understand the nature of their actions.
Worked example
A man instructs his young nephew to throw a rock through a store window, believing the child will not understand the consequences. The child throws the rock, breaking the window. The man is liable for vandalism under the Innocent Agent Doctrine, as he caused the crime through an innocent agent.
Memory hook
If you pull the strings, you’re the one who’s guilty, even if your puppet is innocent.
The trap
Exams may present scenarios where the agent appears to have some knowledge or intent, leading students to incorrectly absolve the principal of liability. Watch for nuances in the agent's understanding of their actions.
How examiners test it
Questions often involve fact patterns where a defendant uses a child or mentally impaired person to commit a crime, testing whether students recognize the principal's liability under the doctrine.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.