Parties and Inchoate Crimes Flashcards
14:23
Parties classified- the parties of crimes are classified as (1) principals (2) accessories after the fact
14:24
Principals- all persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act of constitution the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime are principals
14:25
Accessories After the Fact-an accessory after the fact is any person who, after he commission of a felony, shall harbor, conceal, or aid the offender, knowing or having reasonable ground to believe that he has committed the felony, and with the intent that he may avoid or escape from arrest, trial conviction or punishment
An accessory after the fact may be tried and punished, notwithstanding the fact that the principal felon may not have been arrested, tried, convicted, or amenable to justice
Whoever becomes an accessory after the fact shall not be fined more than $500, or imprisoned, with or without hard labor, for not more than 5 years or both. provided that in no case shall his punishment be greater than 1/2 of the maximum provided by law for the principal offender.
14:26 (A)
Criminal Conspiracy-is the agreement or combination of 3 or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.
If the intended basic crime had been consummated, the conspirators may be tried for either the conspiracy or he completed offense, and a conviction or one shall not bar prosecution of the other.
14:26 (B)
Whoever is a party to a criminal conspiracy to commit any crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; provided however, whoever is a party to a criminal conspiracy to commit a crime punishable by death or life imprisonment at hard labor for not more than 30 years
14:26 (C)
Whoever is a party to a criminal conspiracy to commit any other crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators but such fine or imprisonment shall not exceed 1/2 of the largest fine, or 1/2 of the longest term of imprisonment prescribed for such offense, or both.
14:27 (A)
Attempt; penalties; attempt on a peace officer; enhanced penalties-any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose
14:27 (B-1)
Mere preparation to commit a crime shall not be sufficient to constitute an attempt; but lying in wait with a dangerous a weapon with the intent to commit a crime, or searching for the intended victim with a dangerous weapon with the intent to commit a crime, shall be sufficient to constitute an attempt to commit the offense intended
14:27 (B-2)
the placing of a combustible or explosive substance in or near any structure, watercraft, moveable, or forestland, with the specific intent eventually to set fire to or to damage by explosive substance such structure, watercraft, moveable or forestland shall be sufficient to constitute an attempt to commit the crime of arson
14:27 (C)
An attempt is a separate of lesser grade of the intended crime; and any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was actually perpetrated by such person in pursuance of such attempt
14:27 (D)
Whoever attempts to commit any crime shall be punished as follows:
14:27 (D-1a)
If the offense so attempted is punishable by death or life imprisonment, he shall be imprisoned at hard labor for not less that 10 nor more than 50 years without the benefit of parole, probation, or suspension of sentence
14:27 (D-1b)
If the offense so attempted is punishable by death or life imprisonment and is attempted against an individual who is a peace officer engaged in the performance of his lawful duty, he shall be imprisoned at hard labor for not less than 20 nor more than 50 years without the benefit of parole, probation, or suspension of sentence
14:27 (D-2a)
If the offense attempted is theft or receiving stolen things, and is not punishable as a felony, he shall be fined not more than $200, imprisoned for not more than 6 months or both.
14:27 (D-2b)
If the offense attempted is receiving stolen things and is punishable by a felony, he shall be fined not more than $200 and imprisoned for not more than 1 year or both.
