Parties to Crime and Liability for the Conduct of Others

Question 1

Principals

Answer 1

The person who commits the crime

Question 2

Accomplice

Answer 2

A person who aids or encourages the principal with the intent that the crime be committed

Question 3

SCope of Accomplice liability

Answer 3

Accomplice is guilty of all crimes that he aids or encourages (just as if he did it) AND all other foreseeable crimes committed along with the aided crime.

Question 4

When a person is not an accomplice

Answer 4

1. MERE PRESENCE mere prresence at the scene of the crime does not make someone an accomplice; must actively aid or encourage the principal
2. MERE KNOWLEDGE of the crime is insufficent; must share criminal intent of the principal
3. VICTIM of the crime cannot be accomplice since they are protected class (e.g. minors cannot be guilty of selling alcohol to minors)

Question 5

Special Georgia Rule

Answer 5

an accomplice may be tried and convicted even if the principal is acquitted

Question 6

Withdrawal of an accomplice

Answer 6

can avoid liability by withdrawing before the crime is committed

• An ENCOURAGER may withdraw by repudiating the encouragement prior to the crime’s occurrence
• an AIDER must either neutralize the assistance or prevent the crime from occurring.

Question 7

Accessory after the fact (common law)

Answer 7

Defendant must:

• HELP a principal who has committed a felony
• with KNOWLEDGE that the crime has been committed, AND
• with the INTENT to help the principal avoid arrest or conviction

Question 8

Accessory after the fact (statutory/GA)

Answer 8

asccessories now commit statutory crime such as obstruction of justice, harboring a fugitive or hindering prosecution

Question 9

Enterprise Liability

Answer 9

When a corporate agent engages in criminal conduct, both the corporation and the agent may be held criminally liabile provided that the agent acted:

• ON BEHALF of the corporation AND
• WITHIN THE SCOPE of his or her office

Question 10

Public Welfare Offenses (Enterprise)

Answer 10

when a corporation commmits a regulatory offense involving public health or safety, its agents can also be held criminally liable, provided the agents stand in REASONABLE RELATION to the situtaiton that creates a public danger.

Question 11

Solicitation

Answer 11

ASKING someone to commit a crime with the INTENT that the crime be committed

SPECIFIC INTENT

not necessary for the crime to be completed–asking is the crime

Question 12

Conspiracy (defined)

Answer 12

an AGREEMENT between 2 or more people to commit a crime, plus an OVERT ACT in furtherance of the crime

SPECIFIC INTENT as to agreement and accomplishing the objectives

Agreement need not be express–can be proved by conduct–concer of action towards a common goal

Over act–any act even if merely prepatory, preformed by any of hte co-conspirators (Georgia requires overt act)

Uncessary for the act to be completed–agreement is the crime

Question 13

Can there be a one-person conspiracy?

Answer 13

• CL: NO–bilateral approach must be at least 2 guilty minds who agree to the objectives
  
  • Related: if all other conspirants are acquitted, remaining one cannot be convicted
• MPC: YES–unilateral approach. May be guilty even if other conspirants were acquitted or pretended to agree

Question 14

Vicarious/Pinkerton liability

Answer 14

defendant will be liable for other crimes committes by his co-cospnirators as long as those crimes:

1) were committed in FURTHERANCE of the conspiracy’s objective; AND
2) were FORESEEABLE

Question 15

Impossibility as a defense to conspiracy

Answer 15

Never a defense to a charge of conspiracy

Question 16

Attempt

Answer 16

Requires an overt act that goes beyond mere preparation

• CL Proximity Test: d must engage in conduct that gets DANGEROUSLY CLOSE To the commmission of the crime.
• GA/MPC/MAJ Substantial Step: must engage in conduct that is a SUBSTANTIAL STEP towards the crime’s commission provided that that conduct STRONGLY CORROBORATES the actor’s criminal purpose

Mental State: Requires SPECIFC INTENT

Cannot attempt unintentionalcrimes. Rules out recklessness, negligence or felony murder.