Causation 2 + Attempts + Complicity

Question 1

Root facts

Answer 1

drag race competitor drove themselves into headfirst collision with truck and died

Question 2

Root was originally found ___

Answer 2

guilty of involuntary manslaughter for death of his race partner

Question 3

Root holding

Answer 3

Root reckless conduct not sufficient direct cause for competing driver death

Question 4

Root reasoning

Answer 4

(1) other driver acted autonomously
(2) deceased driver aware of danger but chose to swerve anyways

Question 5

Atencio facts

Answer 5

group of friends playing Russian Roulette. A was the one who passed gun to victim who pulled trigger

Question 6

Atencio holding

Answer 6

conviction affirmed

Question 7

Atencio says ____ brought about victim’s foolish act

Answer 7

concerted action and coop of the defendants

Question 8

Joint activity rule

Answer 8

Acts of two or more people may concurrently be proximate cause

Question 9

Policy behind joint activity rule: Even though the victim ___ they are ___. The act was joint so __

Answer 9

may be freely participating in activity that causes their own death, not the only ones responsible, should all be held responsible together

Question 10

If result not foreseeable consequence of conduct then ___ proximate cause

Answer 10

no

Question 11

If result foreseeable + result of another person’s autonomous conduct then ___ proximate cause

Answer 11

NO

Question 12

Factors in determining if consequence of another person’s autonomous conduct

Answer 12

(1) fully capable of choosing the outcome
(2) OP final options largely determined by D’s conduct
(3) final result intended by other person or merely risked
(4) joint activity that caused the harm

Question 13

Attempt criminalizes __

Answer 13

conduct before completion of the crime

Question 14

If D completes the crime, then attempt __

Answer 14

goes away

Question 15

Attempt is both a ___ crime and a ___ crime

Answer 15

specific intent, conduct

Question 16

Elements of attempt

Answer 16

intent to commit crime + execution of overt act in furtherance (dangerous proximity to committing the crime Rizzo) + failure to consummate the crime

Question 17

retribution justification for punishing attempts

Answer 17

some harm to society occurred (sense of security/peace violated)

Question 18

rehabilitation justification for punishing attempts

Answer 18

D still culpable because external circumstances prevented result (but what if changed mind?_

Question 19

incapacitation justification for punishing attempts

Answer 19

stop behavior before it gets worse

Question 20

deterrence justification for punishing attempts

Answer 20

enable preventative law enforcement

Question 21

McQuirter facts

Answer 21

Black man accused of attempting to rape white woman based on police testimony

Question 22

McQuirter holding

Answer 22

evidence sufficient to sustain conviction

Question 23

McQuirter shoes the importance of ___

Answer 23

overt act requirement

Question 24

McQuirter shows that relying purely on intent ___ AND ___

Answer 24

invites police abuse AND seems like punishment for bad thoughts

Question 25

Rizzo facts

Answer 25

convicted of attempt to commit robbery. Rode in car with two others who had firearms looking for person planning to rob

Question 26

Rizzo holds the act must ___

Answer 26

come or advance very near to the accomplishment of the intended crime

Question 27

Very near to the accomplishment means

Answer 27

dangerous proximity to success/reasonable likelihood of accomplishment but for some interference

Question 28

Rizzo says that searching the streets and procuring the car are ___

Answer 28

too remote to constitute actus reus of attempt, mere preparations

Question 29

Walter facts

Answer 29

exchanged emails with 15 year old discussing sex and agreed to meet up, considered having sex with her

Question 30

Walter holds that state must prove ____

Answer 30

BRD that D intended to commit offense + took substantial step towards commission

Question 31

Walter held that there was no evidence ___

Answer 31

actually intended to commit the offense (many emails, non-committal, concerned about trouble, agreed to girl and friend being at meeting)

Question 32

Walter says no substantial step because __

Answer 32

meeting at public restaurant does not lead to conclusion that sex would occur

Question 33

Walter says _____ don’t equal intent even if ___

Answer 33

hope and fantasy, they lead to actions that could make the fantasy come true

Question 34

Complicity is when ___

Answer 34

D held liable for someone else’s crime

Question 35

The act requirement for complicity is ___

Answer 35

fairly weak

Question 36

Actus reus for complicity can be satisfied just by ___

Answer 36

giving encouragement or mere presence

Question 37

Because actus reus easy to satisfy in complicity, the mens rea ___

Answer 37

higer, must have purpose, want crime to succeed/have stake in transaction

Question 38

Monroe facts

Answer 38

D charged with encouraging assailant by cheering her on as she assaulted the victim

Question 39

Monroe holding

Answer 39

conviction uphelf

Question 40

Monroe shows that it ___

Answer 40

doesn’t take much to satisfy act requirement of complicity

Question 41

Monroe implies that participation in criminal intent can be ___

Answer 41

inferred from mere presence, companionship and conduct before or after offense

Question 42

Peoni facts

Answer 42

D sold counterfeit currency to A who sold it to B who was caught.

Question 43

Peoni says can’t be guilty of complicity if ___

Answer 43

don’t have knowledge of crime itself

Question 44

Peoni holding

Answer 44

D not guilty for B’s possession, didn’t know A sold bills to B

Question 45

Gladstone facts

Answer 45

Man hired by police to purchase weed from D. D said didn’t have enough weed but told him to go buy from A and gave A’s address and map. No communication between D and A

Question 46

Gladstone holding

Answer 46

D not liable for A’s sale of drugs

Question 47

In Gladstone ____ is met but ___ did not satisfy ___

Answer 47

actus reus (D helped A commit crime of selling weed), mens rea (Must want transaction to occur, knowledge of it is not enough)

Question 48

Gladstone says that ______ does not amount to aiding

Answer 48

mere communication to the effect that another might or probably would commit criminal offense