9A is Chargeable for Transfer of Accomplices that Attempt to Solicit Affirmative Defenses Flashcards

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1
Q

9A

A

9A Act Degree

(1) at RCW 9A; jurisdiction = any part; Felony > 1 year;
(2) act or failure to act when duty (actus reus); cupable mental state (mens reas) = intent, knowledge, recklessness, or criminal negligence;
(3) degree of proof = “beyond a reasonable doubt.”

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2
Q

Chargeable

A

Chargeable Children

(1) Chargeable != deceased, child < 8
(2) Children < 12 presumed to lack capacity to understand;

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3
Q

Transfers

A

Transferred Merger

(1) Transferred Intent = mental states for victims, crimes of similar character.
(2) Merger of less serious into greater, unless burglary

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4
Q

Accomplice

A

Accomplice Withdrawal Legal

(1) Accomplice = intent + solicits, aids, or agrees to aid + SS
(2) Withdrawal = termination before crime + notice to police, good faith, cuts off further complicity.
(3) Legal Accountability = criminal had another

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5
Q

Attempt

A

Attempt Conspiracy Substantial

(1) Attempt = SS + intent, even if impossible
(2) Conspiracy = SS + agreement, all equally guilty
(3) SS = more than threats + point of no return.

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6
Q

Solicit

A

Solicitation Rendering

(1) Solicitation = promise of money, value + to aid in commission of a crime.
(2) Rendering criminal assistance = knowledge + avoid detection, hide evidence.

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7
Q

Affirmative

A

Affirmative Insanity Intoxication

(1) Affirmative = proved by preponderance of the evidence.
(2) Insanity != comprehension, Duress = coersion != homicide != reckless placement; Entrapment != origination != predisposition; Necessity
(3) Intoxication = no mens rea capable; != involuntary

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8
Q

Defenses

A

Defense Property

(1) self/others = reasonable like force, up to deadly. != discrimination != duty to retreat
(2) of Property = reasonable force after notice; != deadly

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