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.