Accompliace Liability Flashcards
Culpable Conduct of Solicitation
Solicitation of another to commit a crime
Culpable conduct of Conspiracy
Agreement between two or more people to commit a crime
Culpable Conduct of Attempt
Performance of an act that would be a crime if successful
Mental State of Solicitation
Specific Intent that person solicited commit the crime
Mental state of conspiracy
Specific Intent to: (1) enter into agreement (2) achieve objective
Mental State of Attempt
Specific Intent to commit the particular crime attempted
Overt Act for Solicitation
None
Overt Act for Conspiracy
Common Law: None
MPC: Act in furtherance of the conspiracy
Overt Act Attempt
Common law: Proximity test
MPC: Substantial Step Test
Solicitation: Merger into Substantive offense?
Yes
Conspiracy: Merger into Substantive Offense?
No
Attempt: Merger into Substantive Offense?
Yes
Is withdrawal a defense in solicitation?
Generally, no
Is withdrawal a defense in conspiracy?
Generally, no, except for further crimes of coconspirators
Is withdrawal a defense in attampt?
Common law: No
MPC: Voluntary and complete
Does mere presence at a crime scene even coupled with a refusal to interfere amount to aiding in the commission of a criminal offense?
No
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,
Mere encouragement is enough
________________ 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.”
Encouragement
Associating with the person who committed the crime before, during, or after the crime
Factors to consider in deciding if someone has provided encouragement for a criminal act.
Acting as part of a show of force in the commission of the crime
Factors to consider in deciding if someone has provided encouragement for a criminal act.
Attempting flight from the crime scene
Factors to consider in deciding if someone has provided encouragement for a criminal act.
Failing to assist the victim or seek medical help
Factors to consider in deciding if someone has provided encouragement for a criminal act.
- Associating with the person who committed the crime before, during, or after the crime
- Acting as part of a show of force in the commission of the crime;
- Attempting flight from the crime scene; and
- Failing to assist the victim or seek medical help
Factors to consider in deciding if someone has provided encouragement for a criminal act.
Crimes often involve multiple parties. At common law the parties to a crime were divided as follows:
1. Principles in the first degree:
Persons who actually engaged in the act or omission that constitutes the offense
Crimes often involve multiple parties. At common law the parties to a crime were divided as follows:
2. Principles in the second degree:
Persons who aided, advised, or encouraged the principal and were present at the crime;
Crimes often involve multiple parties. At common law the parties to a crime were divided as follows:
3. Accessories before the fact:
Persons who assisted or encouraged but were not present at the crime; and
Crimes often involve multiple parties. At common law the parties to a crime were divided as follows:
4. Accessories after the fact:
Persons who, with knowledge that the other committed a crime, assisted them to escape arrest or punishment
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 _________.
Principles
Punishment
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.
provides assistance
encourages
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.
Accessory after
Fact
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.
Separate offense
Under the __________ ________approach, conviction of the principal was required for conviction of an accessory.
common law
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.
Principles
When there are multiple defendants, the prosecution has to prove its theory of criminal culpability (principal or accessory) _____________________.
beyond a reasonable doubt.
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 ___________.
Principal and an accessory
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.
principal
accessory
____________ (_____________) is a defense to accessory liability.
Withdrawal (abandonment)
Withdrawal abandonment is a defense to accessory liability. The withdrawal:
A.
B.
C.
D.
A. Must occur before the crime becomes unstoppable
Withdrawal abandonment is a defense to accessory liability. The withdrawal:
A.
B. ?
C.
D.
If the person encouraged the crime, they must repudiate the encouragement
Withdrawal abandonment is a defense to accessory liability. The withdrawal:
A.
B.
C. ?
D.
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
Withdrawal abandonment is a defense to accessory liability. The withdrawal:
A.
B.
C.
D. ?
Notifying the police or taking other action to prevent the crime is also sufficient.
A mere __________ from involvement without taking any additional action is not sufficient.
Withdrawal
__________ __________ requires “more than evidence of a general cognizance of criminal activity or suspicious circumstances.
Accessory liability
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.”
Accessory Liability
In accesssory liability: to show specific intent/purpose, “the government must show that he
Knew of the proposed crime
Conversations directly related to the substance of the illegal activity
The government can use circumstantial evidence to prove the required knowledge and specific intent.
Possession of documents related to the crime
The government can use circumstantial evidence to prove the required knowledge and specific intent.
Exercise of authority within a conspiracy
The government can use circumstantial evidence to prove the required knowledge and specific intent.
Receiving a share of the profits from the deal; or
The government can use circumstantial evidence to prove the required knowledge and specific intent.
Explicit confirmation of the nature of the crime.
The government can use circumstantial evidence to prove the required knowledge and specific intent.
In general, accomplices liability requires _________ ________.
Dual intent
In general, accomplice liability requires dual intent;
1.
2.
- The intent to assist the principal in the commission of a crime; and
- The intent that the principal commit the underlying crime.
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
True
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.
Pinkerton Rule
