Criminal Law 31-40 Flashcards
When is a person guilty of Attempt?
If the person:
Had the specific intent to commit a crime; AND
Took an overt actsufficiently beyond mere preparation.
*Most states & the MPC require the overt act be a substantial step. *The attempt merges with the underlying crime (can’t be convicted for attempt and the crime itself).
Priority: HIGH
What are the elements of Conspiracy?
An express or implied agreement between two or more people;
Intent to enter into the agreement;
Intent to pursue an unlawful objective; AND
The commission of an overt act in furtherance of the unlawful objective.
*Co-conspirators are liable for both the conspiracy itself AND all foreseeable crimes committed by other conspirators in furtherance of the objective.
Priority: Medium
What are the elements of Solicitation?
A person is guilty if:
He requests another person to commit a crime;
With the specific intent that the crime be committed; AND
The other person receives the request.
*NO defenses once solicitation is complete.
Priority: Medium
Who is an Accomplice?
What are they liable for?
An accomplice is a person who:
Aids, abets, or facilitates the commission of a crime; AND
Has dual intent (intent to assist and intent the crime is committed).
An accomplice is liable for ALL crimes he committed/assisted, AND all foreseeable crimes committed by the principal.
Priority: Low
What limitations exist to Accomplice liability?
First: Merely being present while a crime is committed will NOT create liability.
Second: A person cannot be convicted if they are a member of the class of persons protected by the criminal statute OR the crime inherently involves several types of participants and the person is not criminally liable under the statute.
Third: A minority of jurisdictions DO NOT allow accomplice liability for involuntary manslaughter.
Priority: Low
When is Withdrawal a valid defense to Accomplice Liability?
How is it accomplished?
It is valid ONLY if the accomplice withdraws involvement before the crime becomes unstoppable.
It can be accomplished by either:
Repudiating the encouragement given; OR
Neutralizing the assistance.
Priority: Low
When is a person guilty for Accessory After the Fact?
If that person knowingly aids a felon in escape from arrest, trial, conviction and/or punishment.
Priority: Low
When does the defense of Duress excuse a defendant’s conduct?
If the conduct was the result of:
A threat of imminent death or serious bodily injury,
To the defendant or another, AND
The defendant reasonably believed he was unable to avoid the harm by non-criminal conduct.
*Duress defense is NOT available for intentional killings.
Priority: N/A
What are the four Insanity tests?
The M’Naghten test.
The Model Penal Code test.
The Irresistible Impulse test.
The Durham test.
*A defendant will be acquitted if he meets the applicable insanity test of his jurisdiction.
Priority: Low
Insanity
What is the M’NaghtenTest?
A mental disease or defectthat resulted in being:
Unable to know the wrongfulness of the conduct; OR
Unable to understand the nature and quality of the acts.
Priority: Low
