Crimes -- Generally Flashcards
How may an ACCOMPLICE avoid L for the crime (withdraw) – generally?
What must he do to withdraw?
When may he withdraw and still be NL?
What are alternate means to withdrawal?
Voluntarily withdraw before the crime is actually committed by the principal.
Neutralize the aid given. (e.g. if material, retrieve or attempt to. e.g. if encouragement, repudiate.)
Withdrawal must come:
before the chain of events leading to the commission of the offense becomes unstoppable.
Notifying the authorities or take some other act to prevent the commission of the offense.
Attempt requires….___________
what’s this act mean exactly?
an overt act in furtherance of the specific intent to commit the crime.
Overt act:
i) A SUBSTANTIAL STEP in a course of conduct
ii) PLANNED to CULMINATE in the commission of the crime that
iii) shows strong CORROBORATION of the actor’s CRIMINAL PURPOSE.
What is an ACCESSORY AFTER THE FACT?
An accessory after the fact:
i) receives, relieves, comforts, or assists another,
ii) KNOWING that he has committed a FELONY,
iii) in order TO HELP the felon ESCAPE arrest, trial, or conviction.
Can you be an accessory after the fact if you have a R suspicion s.o. has committed a crime?
If it’s a misdemeanor can you be an accessory after the fact?
NO. You must KNOW for certain.
NO.
Criminal Negligence
i) FAILS TO BE AWARE
ii) of a SUBSTANTIAL AND UNJUSTIFIABLE Risk that circumstances exist or results will follow;
iii) & such failure constitutes a SUBSTANTIAL Deviation from the std of care that a R person would exercise under the circs.
Criminal Recklessness
i) CONSCIOUS Disregard
ii) a SUBSTANTIAL AND UNJUSTIFIABLE Risk that circs exist or results will follow,
iii) & this disregard constitutes a GROSS Deviation from the std of care that a R person would exercise under the circs.
*KNOWS THAT INJURY MIGHT RESULT
Both
Objective (“unjustifiable risk”)
and
Subjective (“awareness”)
An accomplice is liable for OTHER CRIMES resulting from the ones he committed or counseled, if:
they were FORESEEABLE``
“Physical act” component of a crime requires ______
a CONSCIOUS EXERCISE of the will
act must be VOLUNTARY, and not unconscious or reflexive
Which inchoate crime does not merge into the completed crime?
Conspiracy.
May be convicted of conspiracy and the crime.
Attempt and Solicitation merge.
What is the Wharton Rule?
The Wharton Rule states:
Where 2 or more people are necessary for the commission a crime, there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime.
e.g. where 2 people are involved in dueling, there is no conspiracy.
Conspiracy – what INTENT is required?
Both:
1) intent to agree
and
2) intent to achieve the objective of the conspiracy
When will MISTAKE OF FACT be a defense?
When it shows the D didn’t have the required state of mind for the crime.
To a malice crime, mistake of fact is a defense when the Mistake is REASONABLE.
Is ABANDONMENT a defense to Attempted Robbery?
Generally, if a D has gone beyond mere preparation for the crime, abandonment is not a defense.
Some jurisdictions allow it, but they require:
1) abandonment FULLY VOLUNTARY and NOT made BECAUSE OF THE DIFFICULTY of completing the crime,
2) under circumstances manifesting a RENUNCIATION OF CRIMINAL PURPOSE (not just postponing it to another time).
What constitutes a criminal ATTEMPT?
1) conduct that brings D in close proximity to the completed offense;
2) INTENT to COMMIT the completed crime.
When will a Conspirator be guilty of murder if the death occurs while committing the felony?
When the death was caused IN FURTHERANCE OF the conspiracy and was a FORESEEABLE result of the conspiracy.
