9A is Chargeable for Transfer of Accomplices that Attempt to Solicit Affirmative Defenses Flashcards
9A
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.”
Chargeable
Chargeable Children
(1) Chargeable != deceased, child < 8
(2) Children < 12 presumed to lack capacity to understand;
Transfers
Transferred Merger
(1) Transferred Intent = mental states for victims, crimes of similar character.
(2) Merger of less serious into greater, unless burglary
Accomplice
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
Attempt
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.
Solicit
Solicitation Rendering
(1) Solicitation = promise of money, value + to aid in commission of a crime.
(2) Rendering criminal assistance = knowledge + avoid detection, hide evidence.
Affirmative
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
Defenses
Defense Property
(1) self/others = reasonable like force, up to deadly. != discrimination != duty to retreat
(2) of Property = reasonable force after notice; != deadly