W7 Flashcards
CL Abandonment
What must actor do to abandon?
NOTE: only use if exam says “in a CL jx that recognizes abandonment”
to use abandonment defense, the actor must VOLUNTARILY and COMPLETELY renounce his criminal purpose
MPC renunciation of criminal purpose statute #
5.01(4)
CL assault definition
NOTE: CL requires a “PRESENT ABILITY to commit” the injury
an assault is either
- an attempt to commit a battery OR
- the intentional creation (other than just words) of a reasonable apprehension in the mind of the victim of imminent bodily harm
CL Battery Definition
unlawful application of force upon another person resulting in bodily injury or offensive touching
CL Mayhem Definition
unlawful application of force upon another person resulting in dismemberment or permanent disablement of a body part.
MPC statute # that combines crimes of assault, battery and mayhem
211.1
combines the crimes of assault, battery and mayhem
MPC statute # for reckless endangerment
211.2
reckless endangerment
MPC statute # for terroristic threats
211.3
terroristic threats
CL solicitation definition
inciting, counseling, advising, inducing, urging, or commanding ANOTHER to commit a felony with THE SPECIFIC INTENT THAT THE PERSON SOLICITED COMMIT THE CRIME
CL attempt to solicit definition
an attempt, to attempt, to conspire, to commit an offense
CL Conspiracy definition
agreement between 2 or more persons to commit an unlawful act or to accomplish a lawful act by unlawful means
CL Conspiracy requires 2 intents. What are they?
NOTE: most courts require actual proof of PURPOSE
- must intend to form agreement AND
- must intent that the object of their agreement be achieved.
what is the majority rule for conspiracy?
agreement between 2 or more people to commit a crime & overt act in furtherance of the crime.
PINKERTON doctrine definition
a co-conspirator Is responsible for ANY crimes committed by ay other members of conspiracy whether or not she assisted in the commission of those crimes so long as those crimes:
1. were committed in furtherance of the conspiracy’s objective
AND
2. were foreseeable
How does MPC view the Pinkerton doctrine?
MPC rejects Pinkerton because it is too broad.
MPC’s alternative to Pinkerton?
MPC you have to prove each individual is on the hook based on ACCOMPLICE LIABILITY
CL - how to end Pinkerton liability
NOTE: to stop PL from continuing, a ∆ does not need to actually convince co-conspirators to quit criminal objectives
to withdraw at CL, ∆ must engage in AFFIRMATIVE ACTS inconsistent w/ objects of the conspiracy:
- tell the cops; OR
- communicate withdrawal in a manner reasonable calculated to reach co-conspirators; OR
- die
when does solicitation merge at CL
solicitation merges into a successful conspiracy, attempt, or completed crime
when does attempt merge at CL
a successful attempt merges into the completed crime
does conspiracy merge?
Conspiracy does NOT merge into a successful attempt or completed crime.
MPC Conspiracy Merger Rule
1.07 & 5.05
Under MPC, a person may not be convicted for both conspiracy and the object of the conspiracy or its attempt, UNLESS prosecutors prove the conspiratorial agreement involved the commission of additional offenses that haven’t been attempted or committed yet.
is MPC conspiracy unilateral or multilateral
Unilateral - under MPC a person may be guilty of a conspiracy EVEN if the other party/parties were just pretending to agree or were otherwise incapable of committing the offense.
