Criminal Law - Accomplice Liability and Inchoate Offenses

Question 1

Accomplice Liability

Answer 1

The accomplice is guilty of all crimes that he aids or encourages; and all other foreseeable crimes committed along with the aided crime.

Mental state: Intent that the crime be committed

Question 2

Limitation on Accomplice Liability

Answer 2

1) mere presence at the scene of a crime is not enough; Accomplice must aid or encourage the principal.
2) Mere knowledge that a principal will commit the crime is not enough
3) Victims of crimes cannot be accomplices (minors cannot be convicted of selling alcohol to a minor because they are the victim)

Georgia Rule: An accomplice can be convicted even if the principal is acquitted

Question 3

Withdrawal (accomplice liability)

Answer 3

An accomplice can withdrawal before the crime is committed. What he must do depends on his assistance to the principal.

Encourage - repudiate the encouragement
Aided - must neutralize the assistance or otherwise prevent the crime from occurring (call police)

Question 4

Accessory after the fact

Answer 4

• Common Law:
  (1) D must help a principal who has committed a felony;
  (2) with knowledge that crime has been committed; and
  (3) with the intent to help the principal avoid arrest of conviction.

-In GA accessories after fact at C/L now commit statutory crimes such as obstruction of justice, harboring a fugitive, or hindering prosecution

Question 5

Enterprise Liability (corporations)

Answer 5

A corporate agent engaging in criminal conduct can hold both the corporation and the agent criminally culpable.

Agent must be

1. Acting on behalf of the corp. AND
2. Within his or her scope of responsibilities.

Question 6

Three Inchoate Offenses (all specific intent)

Answer 6

1. Solicitation
2. Conspiracy
3. Attempt

Question 7

Solicitation

Answer 7

Asking someone to commit a crime with the intent that the crime be committed.

Mental State: Specific Intent

Crime is in the asking regardless of whether other person agrees

Subject to merger

Question 8

Conspiracy

Answer 8

An agreement between two or more people to commit a crime, plus an overt act in furtherance of the conspiracy.

Express or implied agreement through “convert of action” is sufficient

Overt act - any act in preparation for the conspiracy (Georgia rule)

Mental State:
Specific intent to enter into an agreement and accomplish the objectives.

***Impossibility to commit the conspiracy is never a defense

Question 9

Bilateral Conspiracy v. Unilateral Conspiracy

Answer 9

Common law rule: there must be at least two guilty minds. No conspiracy if the 2nd person is a cop or if all the other conspirators are acquitted.

MPC: You can have a unilateral conspiracy between 1 guilty mind. Even if other parties are acquitted or are an undercover police officer.

Question 10

Pinkerton Doctrine (Vicarious Liability)

Answer 10

A conspirator is culpable for all other crimes committed by co-conspirators so long as the crimes were:

(1) in furtherance of the conspiracy; and
(2) were reasonably foreseeable.

Question 11

Elements of Attempt

Answer 11

Required Acts

1) General Requirement- An overt act beyond mere preparation.
2) Common law: D must engage in conduct that gets dangerous close
3) Majority/MPC GA: D must engage in conduct that constitutes a substantial step towards the commission of the crime, provided that conduct strongly corroborates the actor’s criminal purpose. Very broad rule

Required Mental State:
-Specific Intent to commit the underlying crime

ex.
D wants to kill person and at what point is he guilty of attempted murder?

Common law: probably needs to come close to firing the gun

MPC/Georgia: A jury could find that even buying a guy may be a substantial step

Question 12

Attempt (Georgia/Majority rule)

Answer 12

Majority/Georgia rule: “Substantial step test” - the D must engage in conduct that constitutes a substantial step towards the commission of the crime, provided that the conduct strongly corroborates the criminal purpose.

Question 13

Withdrawal from inchoate offenses

Answer 13

Not enough.

Exception: withdrawal from a conspiracy will terminate future liability but not past liability.

Georgia attempt: must withdrawal with a complete and voluntary change of hearty

Georgia conspiracy: can withdrawal up until the point of the overt act.

Question 14

Merger rule for inchoate offenses

Answer 14

Solicitation and attempt merge with the completed crime (can’t be guilty of both)

Conspiracy does not merge!

Georgia: Conspiracy does merge!
-Can’t be convicted of conspiracy AND attempt or conspiracy AND substantive crime.

Question 15

Defenses to Attempt

Answer 15

1. Legal Impossibility - If D having completed all acts he had intended would have committed no crime - Valid Defense
2. Factual Impossibility- If completion of crime is incapable dut to some physical or factual condition unknown to D - Not a Defense
3. Abandonment - Not a Defense at common law
   - In GA abandonment is a defense to attempt, provided the change of heart was complete and voluntary

Question 16

Public Welfare Offenses

Answer 16

When a corp commits a regulatory offense involving public healthy or safety, its agents can also be held criminally liable, provided the agents stand in “responsible relation to the situation” that created the danger.