Inchoate Crimes and Parties Flashcards
(12 cards)
Elements required for an attempt crime?
When D:
1. has the speific intent to commit a crime
2. performs an overert act (substantial step) in furtherance of the target crime
BUT
3. does not have to complete the crime to be guilty of attempt*, if the crime is completed, the attempt merges into the completed crime.
Overt Act in attempt requirements
An overt act must go beyond mere prep for the target crime.
At common law: this requires D to perform an at sufficiently close - in time and proximity- to completing the target crime (ie dangerous proximity test). in other words must commit an act that is indispensable to the crimes success,
Solicitation Elements
Inchoate crime the occurs when a person:
1. entices, encourages, requests, or commands another to commit a crime (eg, requests another to act as an accomplice to larceny)
2. with specific intent that the solicited crime be committed.
Solicitation does not require that the solicited party agrees to commit the crime or takes any step toward doing so.
Is abandonment a defense to attempt?
Yes, most juris. recognize abandonment as a defense when a person completley and voluntarily turns away from a crime before completing it.
Abondonment is not considered voluntary or a defense if it is motivated by:
1. a desire to avoid detection
2. a secision to delay the commish until a more favorable time
OR
3. the selection of anoter similar objective or victim (eg going to rob a different bank).
What is the personal stake inference for accomplice liability?
The betting parlor rental office.
An accomplice must aid or encourage the principal with the intent to further the principals criminal aim.
Such intent can be inferred when the accomplice has a personal stake in the crime being committed.
(Eg, the landlord who charges the betting parlor rentor much more in rent = a personal stake = accomplice liability)
Can a D be convicted of an attempted crime even if was a factual impossibility?
Yes. a D can be convicted even if it was factually impossible for the target crime to be committed.
Think the man who shoot five shots at his coworker, but they all fell short, cause he was out of range.
Can a conspiracy exist among individuals who do not know each other?
Yes, if there is a “community of interests” in the achievement of the objective of the conspiracy.
This exists if each alleged conspirator plays a role in reaching that objective.
Does conspiracy require an express agreement?
No, it can be implied from conduct demonstrating an intent to jointly achieve a shared criminal objective.
Can a D be convicted of attempt even if it was factually impossible to complete the crime?
Yes
What is accomplice liability? when does it apply?
A person who intetionally aided or encouraged the D (principal) with the intent that the crime be completed can be convicted of
(1) the encouraged crime and
(2) any crimes that occurred as a foreseeable consequence of that crime.
When can the death penalty be impssed on an acomplice to felony murder?
the death penalty cannot be imposed on an accomplice to felony murder who did not kill or intend to kill- unless the accomplice:
(1) significantly participated in the felony
AND
(2) acted with reckless indifference to human life.
MPC accomplice liability
conviction requires proof that a person:
(1) intentionally aided or encouraged the principal before or during the crime
AND
(2) intended that the principal commit the crime.
Mere knowledge that another person intends to commit a crime is not enough.
