Crim Law - Inchoate & Party Liability
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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.
- 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.
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
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.
- 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)
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
-- Accomplice is liable for the crime itself AND all natural and probable consequences of the crime
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
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.
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