Crim2 Flashcards
Accomplice /Accessory Liability
An Accomplice who … +CAx2:
1) AIDS /Abets /Encourages / Assists a PRINCIPAL [perpet.] in the commission of a crime
2) w/ SI that the crime be accomplished, is VICARIOUSLY LIABLE for the crime committed & all
other FORESEEABLE CRIMES
CA1: Mere PRESENCE /K.
CA2: CLASS MEMBER protected by the violated statute.
Accomplice /Accessory Liability:
WITHDRAWAL
DFN if Accomplice TAKES BACK his AID before the crime happens.
[ materials given, etc. ]
–ALL INCHOATE OFFENSES are …:
–IMPOSSIBILITY … +CA:
SI crimes that trigger Accompl. /Consp. liability.
+IMPOSSIBILITY of fact is NEVER a DFN!
CA1: LEGAL imposs.
CA2: Class MEMBER protected by the violated statute
SOLICITATION: D
[no AGT needed]
+ WITHDRAWAL
1) REQUESTS another to commit a CRIME!
2) w/ Specific INTENT S’ee commits it.
3) Once completed, Solicitation
MERGES !
4) Withdrawal:
D remains GUILTY of Solic.; RENUNCIATION merely avoids liability 4 subseq. crimes.
ATTEMPT requires …
+Merger
1) that D acts w/ SI: to COMMIT the (incomplete) target crime
2) & “SUBST. STEP” towards completion BEYOND mere PREPERATION
[MP: lying in wait=suff.]
3) MERGES: into the completed crime
[Factual IMPOSS. is NO DFN!]
WITHDRAWAL in Conspiracy:
is a DFN but D REMAINS GUILTY of consp. b/c objective is concluded.
Merely avoids liability for CO-Cs’ SUBSEQ. crimes if: (CL) TIMELY NOTICE to all.
MPC: 1) VOL. Renunciate
2) make efforts to THWART
CONSPIRACY
+ merger
1) AGT 2) INT to ENTER into an AGT
3) SI that the AGT be CARRIED OUT
4) +@CL: 2 guilty minds +NO OVERT ACT.
Maj: +OA in furtherance.
–NO MERGER: w/ subst. crime => D can be charged w/ both.
AGT: can be IMPLIED [unspoken]. Only @CL: cop faking it => No 2 guilty minds.
*Battery
1) [INT /Reckl b/c (GI)] unlawful application of FORCE to the PERSON of another, which
2) RESULTS in an OT or Bodily harm
[AR: incl. indirect touching /crim.N.] Or a
3) completed ASSAULT (GI).
[WHARTON Rule +CA:]
CL WHARTON Rule:
If crime requires 2 parties,
a CONSPIRACY needs 3+ parties.
[ prostitution, i.e. “group action” ].
Cf: MP: UNILATERAL Conspiracy
RAPE:
1) Non-Consensual
2) intercourse (GI). Slightest penetr. (AR) completes the crime.
Cf. Statutory rape:
Sex with a minor (SL).
Consent & Mistake of Fact (age)= NO DFNs.
Crim. ASSAULT: is EITHER:
+MERGER
1) an ATTEMPT to commit a BATTERY (SI), or
2) int creation of reas. appreh. in V’s mind of imm. bodily harm other than by mere WORDS (GI).
- -MERGES into Battery (greater offense): if there’s an ACTUAL TOUCHING.
**HOMICIDE
[BARRK=Burglary /Arson /Rape /Robbery /Kidnapping]
unlawful killing of a HUMAN being by another w/ criminal INT.
(Omission: GR +Special Duty)
[AC & PC([N. med. treatment] = is the natural fores. result of D’s act)].
APPROACH to Homicide Crimes:
- Homicide?
- Malice?
- Modern Degree?
- DFN (Justification /Excuses)
M: If No Malice – only 2 possibilities:
1) INvol. Manslaughter:
a) Crim. N.
[malum in se]
b) Misdemeanor MS
[malum prohibitum by statute] (see)
2) No Crime
MALICE
[INT to do the act: a) DESIRE the Result
b) SUBST. CERTAINTY [Spring Gun]
[If, After GBH, V. dies b/c of a peculiar med. condition =Murder.
GBH can be inferred from the weapon]
1) INT to KILL
2) INT to seriously INJURY
3) INT. to COMMIT an underlying FELONY
(=FMR: BARRK) = 1st DGM.
4) RECKLESS disregard of an EXTREME risk 2human life /DHM [risk that D’s conduct is LIKELY to cause GBH or Death (GI)]. => 2ndDGM, even if NO INT ! [CA: shooting in forest =invol.MS]
