Criminal Law 36-40

Question 1

When is Withdrawal a valid defense to Accomplice Liability?

How is it accomplished?

Answer 1

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

Question 2

When is a person guilty for Accessory After the Fact?

Answer 2

If that person knowingly aids a felon in escape from arrest, trial, conviction and/or punishment.

Priority: Low

Question 3

When does the defense of Duress excuse a defendant’s conduct?

Answer 3

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

Question 4

What are the four Insanity tests?

Answer 4

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

Question 5

Insanity

What is the M’NaghtenTest?

Answer 5

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