Special Doctrines of Criminal Liability Flashcards
(21 cards)
Inchoate Crimes
Did not actually commit the crime but either attempted, assisted, or agreed to
Common Law Actus Reus for Attempt
Overt act
Common Law Overt Act Tests
- Unequivocal and direct step toward completion (how far from mere preparation)
- Dangerous proximity to success (how close to completion; more common)
MPC Actus Reus for Attempt
Substantial step toward completion fo the crime
- how far from mere preparation
Common Law Mens Rea for Attempt
- Intent to commit the target offense and
- Intent to take the overt acts
MPC Mens Rea for Attempt
- Kind of culpability otherwise required for the commission of the crime and
- Purposely taking a substantial step and
- Planned to commit the crime
Renunciation Doctrine Requirements
- Voluntarily abandon the attempt (not because of fear of getting caught or newly discovered difficulty in carrying out the crime) and
- Renunciation is complete
- If both done, not liable for attempt
Principal
Person who commits the crime
Accomplice
Person who helps commit a crime
Accomplice Liability Derivation Form of Liability
Accomplice is guilty of the same crime as the principal
- if principal is acquitted so is accomplice
Accomplice Liability Actus Reus
- Physical assistance or
- Encouragement or
- Omission in some circumstances (sufficient to show a shared common purpose)
Accomplice Liability Mens Rea
- Intent to do the acts that assist the principal and
- Intent that the principal commits the crime
Complicity is
Not itself a crime
Conspiracy Charges for Common Law
- Conspiracy and
- Target offense
Conspiracy Common Law Rationale
Collective crime is more dangerous
MPC Conspiracy Rationale
Agreement shows more determination
Conspiracy Common Law Actus Reus
Agreeing to commit a crime
- Most require overt act by a co-conspirator
- Bilateral agreement
Conspiracy Mens Rea for Common Law
- Intent to enter into an agreement
- Intent to commit, or aid in committing, target crime
Conspiracy Actus Reus in MPC
Agreeing to commit a crime
- Overt acts for felonies that are third degree and under
- Unilateral agreement
Conspiracy Mens Rea in MPC
- Purpose to enter into an agreement
- Purpose to commit, or aid in committing, target crime
Examples of Substantial Step MPC Attempt
- Lying in wait/searching for or following victim
- Enticing to trying to entice the victim to go to a planned place
- Scoping out the place of the crime
- Unlawful entry into a structure
- Possession of material to use in the crime
- Collecting or creating the materials for the crime
