Inchoate Crimes Flashcards
Attempt
- a specific intent to bring a a criminal result and a significant overt act (beyond mere preparation) in furtherance of that intent
a. proximity test- how close in time and distance
b. equivocality test
Defenses to Attempt
ComLaw- legal impossibility is a defense, factual impossibility and abandonment is NOT
ModLaw- voluntary & complete abandonment; legal impossibility is a defense, factual impossibility and abandonment is NOT a defense
Defenses to Solicitation
ComLaw- NO defenses
ModLaw-specific intent defense applies; impossibility and withdrawal are NOT defenses
Defenses to Concpiracy
ComLaw- Impossibility and withdrawal are NOT defenses
MPC- Timely Withdrawal + Act to thwart conspiracy
Pinkerton Doctrine
1- each conspirator is liable for the crimes of all other co-conspirators when crimes are both:
a- foreseeable outgrowth of the conspiracy
b- committed in furtherance of the conspiratorial goal
“One-person” conspiracy
MPC allows for a criminal and an undercover police officer to create a conspiracy
Co-conspirator acquittal in a 2 person conspiracy results in:
acquittal for the other co-conspirator
Wharton Rule
a conspiracy cannot occur if a crime requires 2 people by statutes
When is an individual criminally liable as an accomplice?
- when he gives assistance or encouragement to the crime of another or
- when he has a legal duty to oppose another’s crime and purposefully intends effectuate commission of the crime
***even slight assistance or encouragement is sufficient, words alone may suffice
An accomplice’s Mens Rea
ComLaw/Majority - specific intent
Minority- knowingly assisting
How can an accomplice sever liability for future crimes?
by withdrawal or abandonment, and must give notice to accomplices
***sometimes required to help neutralize prior assistance
Principal in the 1st degree
actual perpetrator that performs the crime w/ the requisite mental intent
Principal in the 2nd degree
one who is present at the scene of the crime and aids, abets, or otherwise encourages with the requisite intent
Accessory before the fact
One who aids abets, counsels, or encourages the commission of a felony but is not present at the scence
Accessory after the fact
1- completed felony must have been committed
2- accessory must have known of the commission
3-accessory must have personally given aid to the felon or have hindered the felons apprehension, conviction or punishment
***not an “accomplice”; punished less than the actual felons
