Crimes?/Accomplices

Question 1

ELEMENTS OF A CRIME

Answer 1

• A physical act (actus reus)
• A mental state (mens rea), and
• A concurrence of the act and mental state

Question 2

What is a physical act?

Answer 2

• voluntary bodily movement; OR
• failed to act under circumstances imposing a legal duty to act

Question 3

The failure to act gives rise to liability only if:

Answer 3

• There is a legal duty to act
• The defendant has knowledge of the facts giving rise to the duty to act; and
• It is reasonably possible to perform the duty

Question 4

A legal duty to act can arise from one of five circumstances:

Answer 4

(1) By statute (for example, the requirement to file a tax return)
(2) By contract (for example, a lifeguard or nurse has a legal duty to act)
(3) The relationship between the parties (for example, a parent/spouse has a duty to protect a child/spouse from harm
(4) The voluntary assumption of care by the defendant for the victim
(5) The defendant created the peril for the victim

Question 5

4 Common Law mental states

Answer 5

1. specific intent
2. malice
3. general intent
4. strict liability

Question 6

Special Intent crimes and mnemonic

Answer 6

• Solicitation: Intent to have the person solicited commit the crime
• Conspiracy: Intent to have the crime completed
• Attempt: Intent to complete the crime
• First degree premeditated murder: Premeditated intent to kill
• Assault: Intent to commit a battery
• Larceny: Intent to permanently deprive the other of their interest in the property taken
• Embezzlement: Intent to defraud
• False pretenses: Intent to defraud
• Robbery: Intent to permanently deprive the other of their interest in the property taken
• Burglary: Intent to commit a felony in the dwelling
• Forgery: Intent to defraud

Specific intent crimes mnemonic: Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Question 7

What is the intent for malice crimes (common law murder and arson)

Answer 7

a reckless disregard of an obvious or high risk that the particular harmful result will occur

Question 8

4 MPC mental states

Answer 8

1. Purposely
2. Knowingly
3. Recklessly
4. Negligently

Question 9

Purposely

Answer 9

A person acts purposely when their conscious object is to engage in certain conduct or cause a certain result.

Question 10

Knowingly

Answer 10

Aware that conduct will very likely cause the result

Question 11

Recklessly

Answer 11

A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care

Question 12

Negligence

Answer 12

A person acts negligently when they fail to be aware of a substantial and unjustifiable risk

Question 13

4 Parties to a crime under common law

Answer 13

1. Principals in the first degree
2. Principals in the second degree
3. Accessories before the fact
4. Accessories after the fact

Question 14

Principals in the first degree

Answer 14

persons who actually engaged in the act or omission that constitutes the offense or who caused an innocent agent to do so

Question 15

Principals in the second degree

Answer 15

persons who aided, advised, or encouraged the principal and were present at the crime

Question 16

Accessories before the fact

Answer 16

persons who assisted or encouraged but were not present

Question 17

Accessories after the fact

Answer 17

persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment

Question 18

3 Parties under modern statutes

Answer 18

1. Principal
2. Accomplice
3. Accessory After the Fact

Question 19

Principal

Answer 19

with the requisite mental state, actually engages in the act or omission that causes the criminal result

Question 20

Accomplice

Answer 20

one who aids, advises, or encourages the principal in the commission of the crime charged

Question 21

Accessory After the Fact

Answer 21

one who assists another knowing that they have committed a felony in order to help them escape

Question 22

Intent required for accomplice

Answer 22

(1) the intent to assist the principal in the commission of a crime; and
(2) the intent that the principal commit the substantive offense

Question 23

3 Things for Withdrawal

Answer 23

• must repudiate encouragement
• must attempt to neutralize any assistance
• contact police or take other action to prevent crime also sufficient

Question 24

3 Inchoate offenses

Answer 24

1. Conspiracy
2. Solicitation
3. Attempt

Question 25

Conspiracy Elements

Answer 25

(1) an agreement between two or more persons; (2) an intent to enter into the agreement; and (3) an intent by at least two persons to achieve the objective of the agreement. - only inchoate offense that does not merge -need two people to completely agree under common law

Question 26

Wharton Rule

Answer 26

where two or more people are necessary for the commission of the substantive offense (for example, adultery, dueling), there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime (for example, because it takes two people to commit adultery, it takes three people to conspire to commit adultery)

Question 27

Intent for Conspiracy

Answer 27

Specific intent crime (1) the intent to agree and (2) the intent to achieve the objective of the conspiracy

Question 28

When is a conspirator held liable for crimes committed by other conspirators?

Answer 28

if the crimes... (1) were committed in furtherance of the objectives of the conspiracy and (2) were foreseeable.

Question 29

Solicitation

Answer 29

Solicitation consists of asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime - It is not necessary that the person solicited agree to commit the crime - but if they do, merges into conspiracy

Question 30

Attempt and intent needed

Answer 30

- act, done with intent to commit a crime, that falls short of completing the crime - requires (1) specific intent plus (2) an overt act in furtherance of the crime.

Question 31

Overt Act

Answer 31

- defendant must commit an act beyond mere preparation for the offense - today most state criminal codes (and the Model Penal Code) require that the act or omission constitute a “substantial step in a course of conduct planned to culminate in the commission of the crime”

Question 32

Abandonment

Answer 32

- not a defense at common law - MPC says provides that a fully voluntary and complete abandonment is a defense