General Principles

Question 1

What are the three requirements for an accomplice to legally withdraw and avoid accomplice liability?

Answer 1

The accomplice must:
(i) Repudiate prior aid;
(ii) Do all that is possible to countermand prior assistance; and
(iii) Do so before the chain of events is in motion and unstoppable.

Question 2

What are malice crimes, and what common-law crimes fall into this category?

Answer 2

These crimes require reckless disregard of a high risk of harm, and require only a criminal act without excuse, justification or mitigation; intent is inferred from the accomplishment of the act.

Common-Law murder and arson are malice crimes.

Question 3

Describe the independent felony requirement for felony murder.

Answer 3

To be guilty of felony murder, a felony independent of the death must have occurred. For example, a battery that causes the victim to die might be a felony, however it is not independent of the victim’s death, therefore, in a majority of states a felony murder charge would be inappropriate.

Question 4

Under the modern rule, in most jurisdictions, what are the three possible parties to a crime?

Answer 4

(1) The principal
(2) An accomplice
(3) An accessory after the fact

Note: Conspirators are not a distinct party to a crime because they are treated as a principal, are all held to the same degree of criminal liability, and are guilty regardless of whether the crime is actually committed or not.

Question 5

What is an actus reus?

Answer 5

It is either a voluntary, affirmative act or an omission (failure to act) that causes a criminally proscribed result.

Question 6

What are the four categories of specific-intent crimes? (Think FIAT)

Answer 6

(i) First-degree murder;

(ii) Inchoate offenses (attempt, solicitation, conspiracy);

(iii) Assault with intent to commit a battery; and

(iv) Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery).

Question 7

What is an accessory after the fact?

Answer 7

A person who aids or assists a felon to avoid apprehension or conviction after commission of the felony; the person must know a felony has been committed.

This person is only liable for a separate crime.

Question 8

What is the difference between a felony and a misdemeanor?

Answer 8

Felony: Punishable by death or imprisonment for more than one year

Misdemeanor: Punishable by imprisonment for one year or less, or by a fine, or by both