Attempt, complicity and conspiracy

Question 1

Complicity

Answer 1

Not a crime, a theory of criminal liability.

If we say that complicity is an offense I think she’ll probably kill us

Question 2

Complicity: Common Law Categories

Answer 2

• Principals in the first degree: actually perpetrated offense
• Principals in the second degree: actually/constructively present at scene of crime; aided and abetted (A&A) commission
• Accessories before the fact: A&A crime but not present at its commission
• Accessories after the fact: rendered assistance after crime was complete

Modern approach (MPC?) merged first three categories; all are principals except for accessory after the fact

Question 3

Accomplice Liability/Complicity: Mens Rea

Answer 3

• Intent to assist a principal actor in committing the target act, AND
• Intent that the principal actually commit that act

Question 4

Complicity: Prosecution must prove…

Answer 4

• Beyond mere presence at crime scene +
• D actually aided/abetted/encouraged commission of the offense

Question 5

Complicity: Vicarious Liability

Answer 5

• Generally strict liability
• Corps. criminally responsible for public welfare or regulatory offenses
• If corporation committed a crime because of a corporate agent’s act/default/omission, it’s only AGENT’S FAULT.
• D has resp/duty to prevent or promptly correct a violation of law. If fail to do so –> sufficient causal link for liab.
• For CORP to have VL: employer must personally know/be willful/have req. intention before he is liable for the criminal conduct of his employee

Question 6

Attempt: C/L Actus Reus Tests (6)

Answer 6

1. Physical Proximity
2. Dangerous Proximity
3. Indispensable Element
4. Probable Desistance
5. Abnormal Step
6. R.I.L./Unequivocality Test

Question 7

Attempt: Physical Proximity

Answer 7

• Nearness of act to crime
• Overt act proximate to completed crime

Question 8

Attempt: Dangerous Proximity

Answer 8

• Gravity and probability of offense
• Nearness of act to the crime

Question 9

Attempt: Indispensable Element

Answer 9

Whether “indispensable aspect” of crim endeavor remains, over which actor hasn’t yet required control (D control over all but indispensable aspect still DNE attempt)

Question 10

Attempt: Probable Desistance

Answer 10

Whether:
* In ordinary course of events
* WITHOUT interruption from outside source
* D’s conduct will result in the crime intended

Question 11

Attempt: Abnormal Step

Answer 11

Whether D’s conduct has gone beyond the point where the normal citizen would think better & desist

Question 12

Attempt: R.I.L./Unequivocality Test

Answer 12

D’s conduct manifests an intent to commit a crime

Question 13

Attempt & Intent

Answer 13

For requisite level of intent, actor must:
* Intentionally commit acts that constitute the actus reus of attempt
* Must perform those acts with the intent REQUIRED BY TARGET OFFENSE

TLDR Intentionally commit acts that constitute the actus reus of attempt w/ offense’s requisite intent

Question 14

Conspiracy (C/L)

Answer 14

Bilateral Conspiracy
* Agreement between 2+ people to commit, by concerted action, an unlawful act OR lawful act by unlawful means
* People are in actual agreement; undercover cops don’t count bc they have no intent to commit crime

Question 15

Wharton’s Rule

Answer 15

• An agreement between 2 people to commit an offense that is defined so it can only be committed by the participation of two people doesn’t constitute conspiracy
• BUT the presence of a 3rd conspirator in a crime requiring only 2 transforms the agreement into a distinct conspiracy offense

Ex: bribery, bigamy, adultery

C/L Only:

Question 16

Conspiracy Mens Rea (2)

Answer 16

• Intent to agree with another person to commit a criminal act, AND
• The intent to commit the criminal act itself

Question 17

Conspiracy: Actus Reus

Answer 17

• AGREEMENT (often established inferentially and/or circumstantially)
• A single conspiracy can have multiple criminal objectives, determined by number of conspiratorial agreements NOT number of criminal objectives

Question 18

Renunciation or Withdrawal

Answer 18

As an inchoate crime, conspiracy may be “taken back” depending on the jdx. Actions to renounce/withdraw must be:
* Voluntary (cannot be the result of police pressure)
* Complete, AND
* They must provide assistance in preventing the crime

Question 19

Conspiracy: Merger

Answer 19

Unless law expressly provides otherwise, a conviction for conspiracy to commit a crime does not merge with a conviction for that crime itself for purposes of sentencing (person can be tried with both conspiracy to commit a crime + committing that acutal crime)

Some jdx mandate that multiple inchoate offenses aimed at the same target offense merge for the purposes of sentencing

Question 20

Pinkerton Doctrine

Answer 20

A conspirator is culpable for the reasonably foreseeable criminal act of their co-conspirators undertaken in furtherance of the conspiracy