Accomplice Liability & Inchohate Offenses

Question 1

An accomplice is:

Answer 1

One who aids, advises or encourages the principal in commission of a crime

Question 2

Accomplices must have:

Answer 2

the requisite intent that the crime be committed

Question 3

Accomplices are liable for:

Answer 3

1. the crime committed
2. and all foreseeable crimes

Question 4

Accomplices & Withdrawal

Answer 4

• if one encouraged the crime, he must repudiate the encouragement
• if he aided the principle, he must neutralize the assistance
• an alternate means of withdrawing is contacting the police

Question 5

Incohate means

Answer 5

Incomplete

Question 6

3 incohate offenses:

Answer 6

1. Solicitation
2. Conspiracy
3. Attempt

Question 7

Soliciation

Answer 7

• is the asking of someone to commit a crime
• the crime of solicitation ends once you have asked

Question 8

Solicitation under common law requires:

Answer 8

that you actually agree to do it

Question 9

What if someone agrees to commit the crime?

Answer 9

Then it becomes conspiracy and it merges into conspiracy

Question 10

What is not a defense to soliciation

Answer 10

Factual Impossibility

Question 11

Conspiracy Elements:

Answer 11

1. An agreement
2. with intent to agree
3. with an intent to pursue an unlawful objective

Question 12

Conspiracy and Mergers

Answer 12

Conspiracy does not merge - therefore you can be charged with the crime and the conspiracy to commit the crime

Question 13

Liability for Co-Conspirator Crimes:

Answer 13

Each co-conspirator is liable for all of the crimes committed by other conspirators if:

• they were in furtherance of the conspiracy

and

• were foreseeable

Question 14

Agreement & Intent required for conspiracies:

Answer 14

• The agreement need not be express
• Intent can be inferred from conduct

Question 15

2 approaches to conspiracy

Answer 15

1. bilateral approach
2. unilateral approach

Question 16

1. Is MPC Bilateral or Unilateral for Conspiracy?
2. Is Common Law Bilateral or Unilateral for Conspiracy?

Answer 16

1. MPC = unilateral
2. Common Law = bilateral

Question 17

Bilateral approach to conspiracy

Answer 17

• Common Law approach
• requires 2 guilty parties
  
  • thus if one person doesn’t agree, the other cannot be convicted of conspiracy

Question 18

Unilateral Approach to Conspiracy:

Answer 18

• MPC
• requires that only one person have a general intent

Question 19

Majority Rules and Minority Rules: Common Law & MPC

Answer 19

1. Majority = MPC
2. Minority = Common Law

Question 20

Overt Act Requirement

Minority/Majority Approaches

Answer 20

1. :Majority (MPC) rule for conspiracy requires
   
   • agreement + Overt act in furtherance of the conspiracy
2. Common Law (Minority) does not require an overt act, just an agreement

Question 21

What constitutes an overt act?

Answer 21

any little act (even mere preparation)

Question 22

What is not a defense to conspiracy?

Answer 22

Factual Impossibility

Question 23

Withdrawl from Conspiracy

Answer 23

• can never relieve the D of liability to the conspiracy itself
• D can withdraw from liability of the other conspirators subsequent crimes

Question 24

Attempt Elements

Answer 24

1. specific intent
2. overt act

in furtherance of the crime

Question 25

Overt Act for Attempt:

Answer 25

• must be a substantial step in furtherance of the commission of the crime
• thus mere preperation cannot ground liability

Question 26

Abandonment Defense to Attempt

Answer 26

• majority (MPC) says that once a substantial step has been taken, abandonment is never a defense
• MPC only allows for the defense when
  
  1. fully voluntary
  2. and a complete renunciation of criminal purpose

Question 27

What is and what isn’t an Impossibility defense to Attempt:

Answer 27

1. Factual Impossibility = not a defense
2. Legal Impossibility = is a defense