crimes against home Flashcards
burglary
is the breaking and entering of the dwelling of another at night with intent to commit a felony or larceny once inside\
burglary modern and common difference
• Breaking
Common law requires some force.
Modern majority has relaxed this requirement to include slight enlargement of an opening.
Arson
is the malicious burning of a dwelling of another.
o Malice is established by intent or extreme recklessness.
o Requires proof that some portion of the structure was damaged as the result of burning
Solicitation
is trying to get someone else to commit your crime – the key is the communication.
Attempt
is “almost” committing a crime – the key is evidence that the defendant crossed the line from preparation to perpetration.
Conspiracy
is planning to commit a crime with someone else – the key is evidence that the defendant crossed the line from thinking about the crime to collective preparation to commit the crime.
defenses to attempt
abandoment- a voluntary complete abandonment is a defense
was not a defense at common law once attempt complete
legal impossibility
if the attempt is not towards an actual crime
factually impossible
not a defense for attempt
merger and attempt
when you complete the crime attempt merges
pinkerton doctrine
Each co-conspirator is liable for the crimes of all other co-conspirators where the crimes were both a foreseeable outgrowth of the conspiracy AND committed in furtherance of a conspiratorial goal.
• “Chain” relationship
Where several crimes are committed under one large scheme in which each member explicitly or implicitly knows of the other parties’ participation and a community of interest exists, one single conspiracy results and all “links in the chain” are responsible for the crimes of each other.
• “Wheel and spoke” relationship
Where one common member enters into agreements to commit a series of crimes with others, multiple conspiracies exist and the tip of each “spoke” is connected to a common “wheel,” but not to other “spokes.”
unilateral conspiracy - MPC
permits conviction of a single party when the other conspirator feigned agreement or is acquitted
• Wharton Rule
• If the target offense requires two or more people as a necessary element they cannot be convicted of a conspiracy to commit the crime. But, if the agreement involves an additional person not essential to the definition of the crime, the “third-party exception” allows for all parties to be convicted of conspiracy.
unilateral conspiracy
o Withdrawal (Common law and MPC):
Complete and voluntary withdrawal severs liability for future crimes, but is no defense to the conspiracy itself. Requires notice to all conspirators.
o Renunciation (MPC only):
Withdrawal and an affirmative act to thwart the conspiracy can eliminate responsibility for the conspiracy itself.
accomplice
o They do some act (or omission w/duty to act) that facilitates the principal’s commission of the crime (or attempt), including encouragement with the purpose of bringing about the commission of the crime.
accomplice mpc minority
Accomplice responsibility may be established when a provider of goods or services has knowledge that he is assisting in the commission of a crime and benefits (seller knows buyer will commit arson and sells him an explosive device).
scope of accomplice
Accomplices are responsible for crimes that are purposefully facilitated and all others that are reasonably foreseeable outgrowths of the primary crime. This is an objective test. It is no defense that the accomplice did not expect the crimes to happen.
accomplice defenses common law
An accomplice can withdraw by giving the principal perpetrator timely notice of withdrawal and nullifying the effect of their prior facilitation.
accomplice defenses mpc
To remove accomplice responsibility, the accomplice must either:
Render any prior assistance to the perpetrator completely ineffective,
Provide the police w/timely warning of the plan, or
Make a proper effort to prevent the perpetrator from committing the original crime
o Principal in the first degree:
The trigger puller – the perpetrator who performs the act with the requisite mental state.
o Principal in the second degree
One who aids or abets and is present at the scene (getaway driver).
o Accessory before the fact:
One who aids or abets but is NOT present at the scene.
o Accessory after the fact
one who aids or abets the principal after the commission of the crime.
Requires proof:
• of a completed felony;
• that the accessory knew of the commission of the felony; and
• that the accessory personally gave aid to the felon to hinder their apprehension, conviction, or punishment.
all modern Jurisdictions accomplice liability
one who meets the requirements to be a common law accessory after the fact is charged with a distinct crime, such as hindering apprehension or obstruction of justice, not with the crimes committed by the principal.
when can be guilty of attempt, actual crime, and conspiracry
attempt and actual crime will not merge when the co-conspirator did not actually follow through the crime. The Pinkerton doctrine leads to guilt of crime. (2) the attempt by taking actions for the crime and (3) conspiracy.
robbery must result in
force or fear; if the victim is not afraid or force is not used, robbery did not occur
getting your own property back that was either stolen or you loaned out
you do not have the proper intent for burglary, larceny, etc.
