Causation 2 + Attempts + Complicity Flashcards
Root facts
drag race competitor drove themselves into headfirst collision with truck and died
Root was originally found ___
guilty of involuntary manslaughter for death of his race partner
Root holding
Root reckless conduct not sufficient direct cause for competing driver death
Root reasoning
(1) other driver acted autonomously
(2) deceased driver aware of danger but chose to swerve anyways
Atencio facts
group of friends playing Russian Roulette. A was the one who passed gun to victim who pulled trigger
Atencio holding
conviction affirmed
Atencio says ____ brought about victim’s foolish act
concerted action and coop of the defendants
Joint activity rule
Acts of two or more people may concurrently be proximate cause
Policy behind joint activity rule: Even though the victim ___ they are ___. The act was joint so __
may be freely participating in activity that causes their own death, not the only ones responsible, should all be held responsible together
If result not foreseeable consequence of conduct then ___ proximate cause
no
If result foreseeable + result of another person’s autonomous conduct then ___ proximate cause
NO
Factors in determining if consequence of another person’s autonomous conduct
(1) fully capable of choosing the outcome
(2) OP final options largely determined by D’s conduct
(3) final result intended by other person or merely risked
(4) joint activity that caused the harm
Attempt criminalizes __
conduct before completion of the crime
If D completes the crime, then attempt __
goes away
Attempt is both a ___ crime and a ___ crime
specific intent, conduct
Elements of attempt
intent to commit crime + execution of overt act in furtherance (dangerous proximity to committing the crime Rizzo) + failure to consummate the crime
retribution justification for punishing attempts
some harm to society occurred (sense of security/peace violated)
rehabilitation justification for punishing attempts
D still culpable because external circumstances prevented result (but what if changed mind?_
incapacitation justification for punishing attempts
stop behavior before it gets worse
deterrence justification for punishing attempts
enable preventative law enforcement
McQuirter facts
Black man accused of attempting to rape white woman based on police testimony
McQuirter holding
evidence sufficient to sustain conviction
McQuirter shoes the importance of ___
overt act requirement
McQuirter shows that relying purely on intent ___ AND ___
invites police abuse AND seems like punishment for bad thoughts
Rizzo facts
convicted of attempt to commit robbery. Rode in car with two others who had firearms looking for person planning to rob
Rizzo holds the act must ___
come or advance very near to the accomplishment of the intended crime
Very near to the accomplishment means
dangerous proximity to success/reasonable likelihood of accomplishment but for some interference
Rizzo says that searching the streets and procuring the car are ___
too remote to constitute actus reus of attempt, mere preparations
Walter facts
exchanged emails with 15 year old discussing sex and agreed to meet up, considered having sex with her
Walter holds that state must prove ____
BRD that D intended to commit offense + took substantial step towards commission
Walter held that there was no evidence ___
actually intended to commit the offense (many emails, non-committal, concerned about trouble, agreed to girl and friend being at meeting)
Walter says no substantial step because __
meeting at public restaurant does not lead to conclusion that sex would occur
Walter says _____ don’t equal intent even if ___
hope and fantasy, they lead to actions that could make the fantasy come true
Complicity is when ___
D held liable for someone else’s crime
The act requirement for complicity is ___
fairly weak
Actus reus for complicity can be satisfied just by ___
giving encouragement or mere presence
Because actus reus easy to satisfy in complicity, the mens rea ___
higer, must have purpose, want crime to succeed/have stake in transaction
Monroe facts
D charged with encouraging assailant by cheering her on as she assaulted the victim
Monroe holding
conviction uphelf
Monroe shows that it ___
doesn’t take much to satisfy act requirement of complicity
Monroe implies that participation in criminal intent can be ___
inferred from mere presence, companionship and conduct before or after offense
Peoni facts
D sold counterfeit currency to A who sold it to B who was caught.
Peoni says can’t be guilty of complicity if ___
don’t have knowledge of crime itself
Peoni holding
D not guilty for B’s possession, didn’t know A sold bills to B
Gladstone facts
Man hired by police to purchase weed from D. D said didn’t have enough weed but told him to go buy from A and gave A’s address and map. No communication between D and A
Gladstone holding
D not liable for A’s sale of drugs
In Gladstone ____ is met but ___ did not satisfy ___
actus reus (D helped A commit crime of selling weed), mens rea (Must want transaction to occur, knowledge of it is not enough)
Gladstone says that ______ does not amount to aiding
mere communication to the effect that another might or probably would commit criminal offense
