Accompliace Liability Flashcards

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1
Q

Culpable Conduct of Solicitation

A

Solicitation of another to commit a crime

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2
Q

Culpable conduct of Conspiracy

A

Agreement between two or more people to commit a crime

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3
Q

Culpable Conduct of Attempt

A

Performance of an act that would be a crime if successful

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4
Q

Mental State of Solicitation

A

Specific Intent that person solicited commit the crime

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5
Q

Mental state of conspiracy

A

Specific Intent to: (1) enter into agreement (2) achieve objective

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6
Q

Mental State of Attempt

A

Specific Intent to commit the particular crime attempted

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7
Q

Overt Act for Solicitation

A

None

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8
Q

Overt Act for Conspiracy

A

Common Law: None
MPC: Act in furtherance of the conspiracy

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9
Q

Overt Act Attempt

A

Common law: Proximity test
MPC: Substantial Step Test

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10
Q

Solicitation: Merger into Substantive offense?

A

Yes

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11
Q

Conspiracy: Merger into Substantive Offense?

A

No

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12
Q

Attempt: Merger into Substantive Offense?

A

Yes

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13
Q

Is withdrawal a defense in solicitation?

A

Generally, no

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14
Q

Is withdrawal a defense in conspiracy?

A

Generally, no, except for further crimes of coconspirators

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15
Q

Is withdrawal a defense in attampt?

A

Common law: No
MPC: Voluntary and complete

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16
Q

Does mere presence at a crime scene even coupled with a refusal to interfere amount to aiding in the commission of a criminal offense?

A

No

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17
Q

Mere presence at a crime scene even coupled with a refusal to interfere does not amount to aiding in the commission of a criminal offense. However,

A

Mere encouragement is enough

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18
Q

________________ is the equivalent of conduct that by any means countenances or approves the criminal action of another,, “including “encouraging or exciting a criminal act by words, gestures, looks, or signs.”

A

Encouragement

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19
Q

Associating with the person who committed the crime before, during, or after the crime

A

Factors to consider in deciding if someone has provided encouragement for a criminal act.

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20
Q

Acting as part of a show of force in the commission of the crime

A

Factors to consider in deciding if someone has provided encouragement for a criminal act.

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21
Q

Attempting flight from the crime scene

A

Factors to consider in deciding if someone has provided encouragement for a criminal act.

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22
Q

Failing to assist the victim or seek medical help

A

Factors to consider in deciding if someone has provided encouragement for a criminal act.

23
Q
  1. Associating with the person who committed the crime before, during, or after the crime
  2. Acting as part of a show of force in the commission of the crime;
  3. Attempting flight from the crime scene; and
  4. Failing to assist the victim or seek medical help
A

Factors to consider in deciding if someone has provided encouragement for a criminal act.

24
Q

Crimes often involve multiple parties. At common law the parties to a crime were divided as follows:
1. Principles in the first degree:

A

Persons who actually engaged in the act or omission that constitutes the offense

25
Q

Crimes often involve multiple parties. At common law the parties to a crime were divided as follows:
2. Principles in the second degree:

A

Persons who aided, advised, or encouraged the principal and were present at the crime;

26
Q

Crimes often involve multiple parties. At common law the parties to a crime were divided as follows:
3. Accessories before the fact:

A

Persons who assisted or encouraged but were not present at the crime; and

27
Q

Crimes often involve multiple parties. At common law the parties to a crime were divided as follows:
4. Accessories after the fact:

A

Persons who, with knowledge that the other committed a crime, assisted them to escape arrest or punishment

28
Q

The modern approach does away with the difference between principals and accessories before the fact, treating them all as __________ in the crime and imposing the same _________.

A

Principles
Punishment

29
Q

Under the modern approach, a person who __________ _________or ___________ the commission of a crime is guilty of the crime for which they provided assistance or encouragement.

A

provides assistance

encourages

30
Q

An _______ ________ the ________ (one who assists another knowing they have committed a crime in order to help them escape) is still treated separately. This is a separate crime with its punishment usually having no relationship to the principal offense.

A

Accessory after
Fact

31
Q

An accessory after the fact (one who assists another knowing they have committed a crime is order to help them escape) is still treated separately. This is a _________ ________ with its punishment usually having no relationship to the principal offense.

A

Separate offense

32
Q

Under the __________ ________approach, conviction of the principal was required for conviction of an accessory.

A

common law

33
Q

The modern approach treats all parties to a crime as _________; therefore, they are punishable for their criminal conduct regardless of the outcome for the other parties.

A

Principles

34
Q

When there are multiple defendants, the prosecution has to prove its theory of criminal culpability (principal or accessory) _____________________.

A

beyond a reasonable doubt.

35
Q

When there are multiple defendants, the prosecution has to prove its theory of criminal culpability (principal or accessory) beyond a reasonable doubt. But when it is unknown who actually committed the crime, the prosecution can charge a defendant as both the __________ and an ___________.

A

Principal and an accessory

36
Q

When there are multiple defendant’s, the prosecution has to prove its theory of criminal culpability (principal or accessory) beyond a reasonable doubt. But when it is unknown who actually committed the crime, the prosecution can charge a defendant as both the principal and an accessory. The jury can return a guilty verdict so long as the evidence supports either basis for criminal culpability because the distinction between_________ and ________ is not relevant to the punishment.

A

principal

accessory

37
Q

____________ (_____________) is a defense to accessory liability.

A

Withdrawal (abandonment)

38
Q

Withdrawal abandonment is a defense to accessory liability. The withdrawal:
A.
B.
C.
D.

A

A. Must occur before the crime becomes unstoppable

39
Q

Withdrawal abandonment is a defense to accessory liability. The withdrawal:
A.
B. ?
C.
D.

A

If the person encouraged the crime, they must repudiate the encouragement

40
Q

Withdrawal abandonment is a defense to accessory liability. The withdrawal:
A.
B.
C. ?
D.

A

If the person aided by providing assistance to the principal, they must do everything possible to attempt to neutralize the assistance (such as attempt to retrieve materials given to the principal); and

41
Q

Withdrawal abandonment is a defense to accessory liability. The withdrawal:
A.
B.
C.
D. ?

A

Notifying the police or taking other action to prevent the crime is also sufficient.

42
Q

A mere __________ from involvement without taking any additional action is not sufficient.

A

Withdrawal

43
Q

__________ __________ requires “more than evidence of a general cognizance of criminal activity or suspicious circumstances.

A

Accessory liability

44
Q

It requires the government to prove “that the underlying crime was committed by a person other than the defendant and that the defendant acted, or failed to act in a way that the law required him to act, with the specific purpose of bringing about the underlying crime.”

A

Accessory Liability

45
Q

In accesssory liability: to show specific intent/purpose, “the government must show that he

A

Knew of the proposed crime

46
Q

Conversations directly related to the substance of the illegal activity

A

The government can use circumstantial evidence to prove the required knowledge and specific intent.

47
Q

Possession of documents related to the crime

A

The government can use circumstantial evidence to prove the required knowledge and specific intent.

48
Q

Exercise of authority within a conspiracy

A

The government can use circumstantial evidence to prove the required knowledge and specific intent.

49
Q

Receiving a share of the profits from the deal; or

A

The government can use circumstantial evidence to prove the required knowledge and specific intent.

50
Q

Explicit confirmation of the nature of the crime.

A

The government can use circumstantial evidence to prove the required knowledge and specific intent.

51
Q

In general, accomplices liability requires _________ ________.

A

Dual intent

52
Q

In general, accomplice liability requires dual intent;
1.
2.

A
  1. The intent to assist the principal in the commission of a crime; and
  2. The intent that the principal commit the underlying crime.
53
Q

If the crime is one recklessness or negligence, the second intent is replaced with recklessness or negligence (whichever is required by the particular crime). True or False

A

True

54
Q

Like the _________ ________, rule, accompliace are criminally culpable for the crimes they aided and for any other crimes committed in the courts of that crime when the other crimes were probable or foreseeable.

A

Pinkerton Rule