W8 Flashcards
Renunciation - Solicitation CL rule
A person cannot escape liability for the solicitation once the requests/command/etc. has been made
Renunciation - Solicitation MPC Statute # & Rule
MPC 5.02(3) - defense to solicitation is available if the solicitor persuades the person asked not to commit the crime or otherwise prevent the commission of crime
Renunciation - Conspiracy CL Rule
a person cannot escape liability for the conspiracy itself once complete but can withdraw & avoid Pinkerton Liability for future crimes committed furthering conspiracy
Renunciation - Conspiracy MPC Statute # & Rule
MPC 5.03(6) defense to the conspiracy charge itself if the conspirator “thwarted the success of the conspiracy under circumstances manifesting a complete renunciation of criminal purpose”
traditional CL terminology for accomplice liability (4) (and what each one means)
Principal & Accessory
Principal in the first degree
- person who commits the crime himself or through an innocent instrumentality
Principal in the 2nd degree
- person who assist the commission of the crime in either actual or constructive presence of the principal in the first degree.
accessory before the fact
- person who assists the commission of the crime but is NOT in the presence either actual or constructive of principal in 1st degree
Accessory after the fact
- person who w/ knowledge that the crime has been committed intentionally assists the felon to avoid arrest, trial or conviction
majority approach terminology for accomplice liability & Definition (2)
principal = person who commits the crime
accomplice = person who assists the principal in the commission of the crime
what is an innocent agent?
an innocent agent is NOT an accomplice and thus has no liability. ex; animals, like monkeys, naive neighbor
CL mens rea for accomplice liability (2)
NOTE: mere presence is not enough to be an accomplice, there needs to be something more
a person is an accomplice if she:
1. intentionally assists the primary party; AND
2. intends assistance to result in commission of the offense
MPC accomplice liability mens rea
MPC requires purpose even if no goal or even knowledge that this is going to create the result
MPC accomplice liability statute #
2.06(3), 2.06(4)
CL natural & probable consequences doctrine
accomplice liability
assess whether the latter crimes were reasonably foreseeable consequences of the original criminal acts
CL abandonment -
After providing assistance WITH THE REQUISITE MENS REA, a person can abandon criminal activities and avoid liability for future crimes committed by the primary party if:
NOTE: a spontaneous and unannounced abandonment after providing aid w/ the requisite mens rea WILL NOT DO
- accomplice communicates withdrawal to principal AND
- makes bona fide effort to neutralize effect of his prior assistance
