Accomplice Liability, Inchoate Offenses

Question 1

Accomplice

Answer 1

One who:

1) with the intent that the crime be committed (Mere knowledge that a crime will committed is not enough)
2) aids, abets, counsels, or encourages the principal
3) before or during the commission of the crime

Question 2

Accomplice Liability

Answer 2

Liable for:
1) Originally intended crime and
2) all other foreseeable crimes committed during its commission
(B) To be guilty as an accomplice, D must actually do something with intent to assist in the criminal enterprise

Question 3

Accomplice Withdrawl

Answer 3

Person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice. Withdrawl must occur before crime becomes unstoppable

Question 4

Accessory after the fact

Answer 4

1) person who aids another
2) to escape
3) knowing he has committed a felony is liable for less serious crime of being an accessory after the fact

Question 5

Solicitation (Specific Intent)

Answer 5

1) Asking someone to commit the crime

2) with the intent the person solicited commit the crime

Question 6

Conspiracy (Specific Intent)

Answer 6

Needs

1) an agreement between two or more people
2) some slight overt act in furtherance of the conspiracy needed unless otherwise stated (mere preparation is sufficient)
3) Intent to agree and intent to pursue the unlawful objective
4) meeting of the minds

Question 7

Conspiracy Liability

Answer 7

each conspirator liable for all the crimes of their co-conspirators, if:

1) the crimes are committed in furtherance of the conspiracy and
2) were reasonable foreseeable

Question 8

Conspiracy Withdrawal

Answer 8

not a defense to conspiracy, itself, because conspiracy is complete as soon as agreement is made and an act in furtherance is performed. BUT withdrawn D will not be liable for subsequent crimes of co-conspirators
(A) in order to successfully withdraw from a conspiracy, a conspirator must inform all of his co-conspirators of his intent to withdraw and this notice must be given while there is still time for the other co-conspirators to abandon their criminal plans

Question 9

Conspiracy - Wharton Rule

Answer 9

where it takes two or more people to commit the offense, there is no crime of conspiracy unless more parties participate in the agreement than are necessary to commit the offense.

Question 10

Conspiracy Termination

Answer 10

conspiracy usually ends upon completion of the wrongful objective (after this time, acts and statements of co-conspirators are inadmissible against conspirator)

Question 11

Conspiracy - No Merger

Answer 11

D can be convicted of completed crime and conspiracy to commit the crime

Question 12

Attempt

Answer 12

there must be
1) specific intent to complete the target offense
2) a substantial step must be taken towards the completion of that target offense
(A) Mere preparation is insufficient to constitute an attempt
(B) Abandonment - is NOT a defense at common law (D still guilty even if changes mind and abandoned plan) - MPC provides a fully voluntary and complete abandonment as a defense

Question 13

Merger

Answer 13

generally there is no merger (D convicted of the competed offense cannot also be convicted of intent)
(A) But conspiracy does not merge with the substantive offense - you can be convicted of both conspiring to do something and doing it