Crim law and procedure

Question 1

To what extent is an accomplice liable?

Answer 1

An accomplice is liable to same extent as principal for the crime counseled and for any other crimes by the principal that were probable or foreseeable (objectively natural consequences of the crime assisted)

Question 2

What are the degrees of principal liability?

Answer 2

1. Principal in the 1st degree performs the criminal act or causes an innocent agent to do so
2. Principal in the 2nd degree aids or abets and is present at the commission of criminal act
3. An accessory before the fact aids or abets but is not present at the commission of criminal act (an accomplice - accessory after the fact is not)

Question 3

When is withdrawal a defense to accomplice liability?

Answer 3

1. CL: Withdraw w/ timely notice to principal + nullify prior assistance → can cut off future liability
2. MPC: 1) Render prior assistance ineffective, 2) provide police with timely warning, or 3) make a proper effort to prevent the perpetrator from committing the crime

Question 4

M’Naghten rule

Answer 4

Δ entitled to acquittal if a mental disease or defect of reason caused Δ at the time of offense to not know the wrongfulness of or not understand the nature and quality of his actions

Question 5

Irresistible impulse

Answer 5

Δ is not guilty where a mental defect kept him from controlling his conduct

Question 6

MPC test

Answer 6

As a result of mental disease or defect, Δ lacked substantial capacity to appreciate the criminality of the conduct or conform his conduct to requirements of law (mix of above two)

Question 7

Partial defense – diminished capacity

Answer 7

As a result of a mental defect short of insanity, Δ did not have the particular mental state required

Involuntary intoxication may be treated as mental illness; psychopathy & sociopathy are often not

Question 7

Durham test

Answer 7

Unlawful act would not have been committed but for the mental defect or disease

Question 8

Attempt

Answer 8

An intent to bring about a criminal outcome + an act beyond mere preparation in furtherance of that intent - requires a significant, overt act more than mere preparation (MPC: “substantial step”)

Question 9

Defenses to attempt

Answer 9

1. Abandonment – CL: no defense if attempt is complete. MPC: if voluntary, complete abandonment
2. Legal impossibility: Attempt to do a legal act that was thought to be a crime but is no crime
3. NOT a defense: Factual impossibility (crime cannot be completed because of physical or factual condition unknown to Δ)

Question 10

A defendant is competent to stand trial if he

Answer 10

(1) has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding (he must be able
to assist in preparing his defense); AND (2) has a rational and factual understanding of the proceedings against him.

A criminal defendant cannot be tried if he is deemed incompetent, but competence may be reassessed at a later date if his mental condition improves.