Merger & Accomplice Liability

Question 1

merger doctrine

Answer 1

two or more offenses merge, prohibiting D from being prosecuted separately for each crime

Merger concerns the relationship between either:
1. an inchoate offense and its completed substantive offense, or
2. an offense and its lesser included offense

Question 2

merger exception

Answer 2

crimes with different victims NEVER merge

Question 3

ne

inchoate offenses

Answer 3

only applies to solicitation and attempt
- merger prevents D from being convicted of both solicitation/attempt and target offense

Does NOT apply to conspiracy
- conpsirachy does NOT merge into completed crime
- D can be convicted of conspiracy to commit a given crime and the crime itself
- solicitation can merge into conspiracy though

solicitation/attempt merge into completed crime

eg, D completes a burglary after attempting it; D cannot be convicted of both attempt and burglary

Question 4

MPC limitation

Answer 4

D cannot be convicted of more than 1 incohoate crimes

Question 5

lesser included offenses

Answer 5

D cannot be convicted of a target crime + lesser included offense

NOTE: also barred by double jeopardy

eg, D robs V. During robbery, D’s accomplice kills V; D can be convicted of felony murder but not lesser included robbery offense

Question 6

lesser included offense definition

Answer 6

consists of same but not all elements as greater crime

Question 7

accomplice liability

Answer 7

to be liable as an accomplice, one must:
1. aid, counsel, or encourage principal before or during crime
2. with intent:
- to assist principal, AND
- that the principal commit the crime

requires duel intent
1. intent to help principal
2. intent for crime to be committed

Question 8

scope of accomplice liability

Answer 8

accomplice is liable for the crimes he committed or counseled and any other probable or foreseeable crimes committed

Question 9

CL parties to a crime

Answer 9

1. Principals in 1st Degree: person who engages in act that constitutes crime
2. Principal in 2nd Degree: person who aid, advise, or encourage + are present
3. Accessory Before the Fact: person who assisted or encouraged but were NOT present
4. Accessory After the Fact: Person who, w/ knowledge other committed felony, assisted them to escape arrest or punishment

Question 10

accessory after the fact

Answer 10

different than accomplice liability
- involves helping a known felon escape arrest, trial, or conviction
- gives rise to a separate, lesser charge of obstruction of justice

Question 11

defenses and exceptions

Answer 11

accomplice liability does NOT apply where:
1. withdrawals
2. member of a protected class
3. parties not provided for in statute

Question 12

withdrawal

Answer 12

accomplice can avoid liability by withdrawing from a crime before the principal commits it; accomplish must:
1. repudiate prior aid or encouragement,
2. do all that is possible to counteract prior aid/assistance (eg, call police), and
3. do so before chain of events is in motion and unstoppable

Question 13

member of a protected class

Answer 13

those protected by a criminal statute are not liable as accomplices

eg, minor-Vs in statutory rape cases are NOT liable as accomplices to statutory rape

Question 14

parties not providecd for in statute

Answer 14

eg, a purchaser of drugs cannot be an accomplice to seller