complicity attempt conspiracy Flashcards
What is complicity?
A theory of criminal liability that makes persons who assist a principal offender criminally liable as principals.
What is the actus reus of complicity?
Actually aided, abetted, or encouraged the commission of the offense.
What must the actus reus of complicity rise above(go beyond)?
beyond the mere presence at the scene of the offense.
What are the mens rea requirements for complicity?
- Intent to assist a principal actor in committing the target act
- Intent that the principal actually commit that act.
What are the four categories of parties to a crime under common law?
- Principals in the first degree
- Principals in the second degree(at the scene of crime)
- Accessories before the fact(not present at its commission)
- Accessories after the fact.
All American jurisdictions have merged principals and accessories (except accessories after the fact)
What is the significance of MPC § 2.06 regarding complicity?
A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.
A person is legally accountable for the conduct of another person when:
a. acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or
b. he is made accountable for the conduct of such other person by the Code or by the law defining the offense; or
c. he is an accomplice of such other person in the commission of the offense.
What defines an accomplice according to MPC § 2.06?
A person who, (1) with the purpose of promoting or facilitating the commission of the offense, (a) solicits; or (b) aids or agrees or attempts to aid such person in planning or committing it; or (c) having a legal duty to prevent the commission of the offense, fails to make proper effort so to do; or
(2) his conduct is expressly declared by law to establish his complicity
What is vicarious liability?
When a corporation is held criminally responsible, generally for public welfare or regulatory offenses, or generally strict liability(criems without mens rea)
What are the reasons to hold corporations criminally liable?
- Deterrent effect: may lead to better supervision and management to prevent criminal activities or deter from doing criminal conduct
- Shareholders should bear legal consequences if they benefit from criminal behavior.
What constitutes a criminal attempt?
When a person, with the intent to commit an offense, takes a substantial step toward the commission of the offense.
What are the actus reus tests for attempt
- Proximity test(common law); or
- Substantial step test.(MPC)
what is actus reus tests for attempt under common law?
SIX
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Physical Proximity
Whether D committed an overt act that was proximate to the completed crime or directly tending
toward the completion of the crime (commencement). -
Dangerous Proximity
Whether an act is so near to the result that the danger of success is very great. -
Indispensable element
Whether there is an element of the crime that the D has not acquired control over. -
Probable desistence
Whether D’s conduct will result in the crime intended without interruption from an outside
source. -
Abnormal Step
Whether D’s conduct has gone beyond the point where the normal citizen would think better of
his conduct and desist. -
Res ipsa loquitor / unequivocally test
Whether D’s conduct manifests an intent to commit a crime.
what are mens rea for attempt
- actor must intentionally commit the acts that constitute the actus reus of an attempt; and
- must perform those acts with the intention that is required by the target offense.
is attempt a specific intent crime?
true, Attempt is a specific intent crime, even in the target offense is a general intent crime
What distinguishes specific intent from general intent?
- Specific Intent: defenition of crime includes intent or purpose to do some future act or to achieve some future consequence; or
provides that the actor be aware of a statutory attendant circumstance - General Intent: Does not include any specific intent.
What defines an ATTEMPT according to MPC § 5.01?
a. Purposely engaged in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; or
b. When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or
c. Purposely does or omits to do anything that, under the circumstances as he believes them to be, Is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime
What is the abandonment defense in relation to attempt?
The MPC accepts renunciation as a defense if it is a complete and voluntary renunciation.
Must be “a complete and voluntary renunciation” (not motivated by probability of detection).
Instituted to give potential criminals an incentive to abandon the crime.
what kind of Conduct May Be Held “Substantial Step in a course of conduct planned to culminate in his commission of the crime” Under MPC(attempt)
a. Lying in wait
b. Enticing or seeking to entice contemplated victim to go to place of crime for its commission
c. Reconnoitering the place of possible crime
d. Unlawful entry of a structure
e. Possession of materials to be employed…that can serve no lawful purpose under the circumstances
f. Possession, collection, fabrication of materials to be employed
g. Soliciting an innocent agent to engage in the conduct constituting an element of the crime.
attempt
What is the difference between factual impossibility and legal impossibility?
- Factual Impossibility: Not a defense at common law.
When a person’s intended end is a crime, but he fails to consummate the offense because of an
attendant circumstance unknown to him or out of his control. - Legal Impossibility: Proper defense at common law. When “a person commits a lawful act with a guilty conscience.”
MPC and many jurisdictions no longer recognize legal impossibility as a defense.*
What defines conspiracy?
An agreement between two or more persons to commit a criminal act or accomplish a legal act by unlawful means.
What are the elements of conspiracy?
- Actus Reus: The conspiratorial agreement
- Mens Rea: Intent to agree and intent to commit the target act.
What is the overt act requirement in conspiracy?
Many jurisdictions require an overt act done by one of the conspirators to separate it from mere talk.
What is the difference between bilateral and unilateral conspiracy?
- Bilateral: Two or more persons must be in actual agreement (Common Law)
- Unilateral: Only one person is required to believe they are agreeing with another (MPC).
What is Wharton’s Rule?
Two people cannot be convicted for conspiracy when they have committed a crime that by definition requires the participation of two people.
What is the non-merger doctrine?
The charge of conspiracy does not merge with the completed criminal object of the conspiracy.
What is co-conspirator liability under the Pinkerton Doctrine?
Co-conspirators are held culpable for the criminal acts of their co-conspirators undertaken in furtherance of the conspiracy.
