Crim Law - Inchoate & Party Liability

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Crim Law - Inchoate & Party Liability
2014-07-17 13:14:23
Criminal Law Inchoate Party Liability
Criminal Law
Criminal Law - Inchoate & Party Liability
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  1. Merger
    A D cannot be convicted of two crimes when the two crimes merge into one

    • 1) Attempt -- The crime attempt merges into the completed crime. 
    • 2) Solicitation -- The crime of solicitation merges into the completed solicited crime.
    • 3) Conspiracy -- Does NOT merge.
  2. Solicitation
    • 1) Enticing, encouraging, or advising of another person
    • 2) To commit a crime
    • 3) w/ the intent that that person commit the crime

    Voluntary Renunciation -- A D may raise the defense of VR if he renounces the solicitation by thwarting the commission of the solicited crime.
  3. Conspiracy
    CL -- A person is guilty of a conspiracy if there is an agreement b/w two or more people to accomplish an unlawful act

    Modern/Federal/Majority -- CL rule + overt act

    Unilateral Conspiracy (minority/MPC) -- Only the D, who has actually been charged, must have the intent to commit the unlawful act. 

    Scope (Pinkerton Rule) -- A conspirator and any co-conspirator is liable for any substantive crime committed in furtherance of a conspiracy
  4. Conspiracy Withdrawal
    CL -- Impossible to withdraw from conspiracy

    Federal/Majority -- A conspirator may withdraw from a conspiracy if they communicate to all other co-conspirators their intention to withdraw from the conspiracy OR informing law enforcement BEFORE any overt act has been committed

    Minority/MPC -- A conspirator may even withdraw AFTER an overt act if the D helps to thwart the success of the conspiracy.
  5. Attempt
    • 1) A substantial step toward the commission of a crime
    • 2) Beyond mere preparation
    • 3) w/ the specific intent to commit the crime

    • Factual Impossibility = NOT a defense
    • Legal Impossibility = IS a defense
    • Abandonment is NOT a defense after the commission of a substantial step (CL)
  6. Accomplice Liability
    A person is liable as an accomplice if:

    • 1) Aids or abets a principal 
    • 2) Prior to or during the crime
    • 3) w/ the intent for a crime to be committed 

    Scope -- Accomplice is liable for the crime itself AND all natural and probable consequences of the crime
  7. Accomplice Withdrawal
    An accomplice may w/ withdraw if:

    • 1) Repudiates prior aid;
    • 2) Revokes prior assistance or timely notifies legal authorities; AND
    • 3) Must do so before chain of events set in motion and unstoppable
  8. Accessory After the Fact
    An accessory after the fact is:

    • 1) One who aids a felon
    • 2) to avoid apprehension
    • 3) after the felony was committed
    • 4) Knowing that the felony was actually committed

    SCOPE -- A person is for a SEPARATE CRIME. (either obstruction or harboring a fugitive). Not guilty of the underlying felony.