Accomplice Liab. & Inchoate Offenses

Question 1

Accomplice

Answer 1

Someone who (1) with the intent to assist the principal and the intent that the principal commit the crime (2) actually aids or encourages the principal before or during the commission

Question 2

Accessory After the Fact

Answer 2

One who receives, relieves, comforts, or assists another, knowing he committed a felony, in order to help the felon escape (harboring a fugitive or obstructing justice)

Question 3

Exclusion from Accomplice Liability

Answer 3

Stat: If stat. is intended to protect members of a limited class from exploitation or overbearing, members of that class are presumed to be immune from liability even if they participate (e.g. someone being sex trafficked)
Withdrawal: if he voluntarily withdraws he could exempt himself (repudiate encouragement or try to get materials back or call cops)

Question 4

Solicitation

Answer 4

Inciting, counseling, advising, inducing, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime (whether or not dude agrees to do it)
MR: specific intent
Defense: exemption from intended crime (e.g. minor female in stat. rape)

Question 5

Conspiracy (CL)

Answer 5

(1) agreement between 2+ parties; (2) intent to enter into an agreement, AND; (3) intent to achieve the objective of the agreement
Today, require OVERT ACT as well.
MR: specific intent
Co-C’s actions admissible only if made in furtherance of conspiracy

Question 6

Hub and Spoke Conspiracy

Answer 6

One participant enters into a number of subagreements with diff ppl. Dude is the hub and others are the spokes–each spoke is a diff conspiracy

Question 7

Unilateral v. Bilateral Approach to Conspiracy

Answer 7

Unilateral (modern): Only one guilty mind needed; allows for sting operations
Bilateral (traditional): Need two; wouldn’t be able to convict conspiracy on person who agreed with undercover cop

Question 8

Wharton Rule

Answer 8

Where 2+ ppl are necessary for the commission of a crime (e.g., dueling), there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime.

Question 9

Liability for Co-Conspirator’s Crimes

Answer 9

Liable if (1) crimes were committed in furtherance of the objectives of conspiracy and (2) crimes were a natural/probable consequence (foreseeable)

Question 10

Defenses to Conspiracy

Answer 10

Voluntary withdrawal IF you thwart the conspiracy (call cops); withdrawal also works for later crimes if you tell all the members you’re withdrawing and give them time to abandon plans

Question 11

Attempt

Answer 11

Act that, although done with the intention of committing a crime, falls short of completing the crime (need specific intent and substantial step beyond mere preparation toward completion)

Question 12

Defenses to Attempt

Answer 12

Legal impossibility; withdrawal (MPC) IF fully voluntary and not because u got scared and it was total abandonment not just postponement