General Principles Flashcards
Enterprise Liability
Corporations can be convicted of crimes when commission of the crime was performed, authorized, or requested; or recklessly tolerated by:
(1) the board of directors; or (2) a high management agent acting on behalf of the corporation within the scope of employment
Accomplices
Mens Rea: intent to promote or facilitate the commission of an offense
Actus Reus: Solicits another to commit and offense; or aids/ agrees to aid/ attempts to aid in the planning or commission
*Elsewhere called accessories before the fact
Are you an accomplice if you cause an innocent person to committ an illegal act?
Yes, if you act with culpability sufficient for commission of a crime and cause an innocent person to engage in illegal conduct.
*Example: Telling a friend to pick up a TV you already paid for, when you did not
In order to Withdrawal an accomplice must;
(1) Fully deprive the offense of its effectiveness; or
(2) Give timely warning to authorities ro make proper efforts to prevent the offense
* Decision must be voluntary
How does the principal’s conviction status effect your case as an accomplice?
Principal need not be tried to convicted in order for accomplice to be convicted
Accessories After the Fact
PA does not recognize this.
BUT, it is a seperate crime to hingre apprehension, presecution, conviction, or punishment of another.
Insanity Defense
M’Naughten test: There is a defense of insanity where
(1) Because of a mental disease
(2) Defendant did not know either (i) the nature an quality of his act; (ii) or the wrongfulness of his act
*Burden of proof: on defendant by a preponderence of the evidence
*Example: Think you need to stab a talking watermelon, turns out it’s a cop.
NOT an example: knowing what you are doing, but being unable to stop it
**DOES NOT JUST APPLY TO MURDER**
Insanity Defense - Burden of Proof
Defendant has burden of proof of showing insanity by a preponderence of the evidence
Diminished Capacity Defense
Defendant has a mental disease that reduces capacity to know the nature and quality, or wrongfulness of the act, but it does not fully amount to insanity.
**ONLY APPLIES TO MURDER**
Negates the specific intent requirement for first degree murder, reducing the charge to third degree
Guilty but Mentally Ill
Where a defendant lacks substantial capacity to appreciate teh wrongfulness of their conduct or conform conduct to the law, may be found guilty, but mentally ill.
Effect: Still convicted, but will be treated for mental illness
Voluntary Intoxication
Not a defense in PA; may only be used to reduce first degree murder to third degree
