Vicarious & Accessory Liability Flashcards
(38 cards)
What are the definitions of vicarious and accessory liability?
Vicarious liability=the relationship to the criminal alone is culpable - no action is required
Accessory liability = liability for the crimes of others when D has affirmatively been involved
Is attempt a substantive crime?
YES but its definition and punishment are highly contingent on the object crime
What are the 2 ways to calculate sentences for attempt?
Majority Rule: Sentence attempt as a lower grade of the substantive offense
MPC Rule: Sentence attempt at the same grade as the object offense but make exceptions for more serious offenses
(In practice, attempt is sentenced much more lightly than the object offense)
What are 5 levers to fine tune the crime of attempt?
1) Raise or lower the bar for mens rea
2) Raise or lower the bar for actus reus
3) Raise or lower the bar for abandonment defense
4) Lowe the bar for police to stop/arrest someone but maintain a high bar for conviction
5) Create crimes of preparation
What are the 2 standards for mens rea for attempt?
Majority (Smallwood) Defendant must actually intend to commit the relevant harm
Minority (MPC) Mirror the requirement of the object offense
What are the two metrics for evaluating circumstantial evidence to establish specific intent?
1) The certainty of the action to cause the harm
2) availability of another motive to explain the actions
What are the 2 standards for actus reus of attempt?
1) The Dangerous Proximity Rule-emphasis placed on what is left to complete
2) The Substantial Step Rule- emphasis is placed on what D has already completed
What are reasons to raise the bar for actus reus in attempt?
Raise: We want to preserve the locus penitentiae
Lower: The longer you wait to intervene the more risky it becomes for the police
Explain the impossibility defense to attempt?
Traditional Rule: Factual impossibility is not a defense (D thinks they are doing something illegal but facts to he world prevent the conduct from achieving the crime)
Legal impossibility is a complete defense (D thinks they are doing something illegal but tis not actually illegal)
MPC Rule: D is guilty if he did something which would objectively be illegal under the circumstances as he subjectively believes them to be
What are the traditional and MPC rules for abandonment defense to attempt?
Traditional Rule: there is no abandonment defense
MPC Rule: If D either abandoned their effort to commit the crime or otherwise prevented its commission and that abandonment was a complete and voluntary renunciation of the criminal purpose, then its a defense
Is complicity a substantive crime?
No, it is just another way to commit the substantive offense
What is the punishment for complicity?
It’s the same as the object offense
What is a principal and what is an accomplice for purposes of complicity liability?
Principal=the person physically present at the scene and committed the crime
Accomplice=anyone other than the principal who furthered the criminal efforts
What are the 3 separate mens rea requirement for complicity?
1) D must specifically intend to encourage/assist the principal (can be proven with knowledge plus circumstantial evidence)
2) D must satisfy the mens rea of the ultimate crime committed by the principal
3) Mens rea for attendant circumstances
What are the 3 options for actus reus for complicity liability?
Option 1) encourage/solicit/incite the crime (encouragement must be perceived but does not have to be effective)
Option 2) aid in the planning/commission of the crime (does not have to be a but for cause, presence along is mot enough unless there was a prior plan)
Option 3) Fail to perform a legal duty that might have averted the crime (suffers from the limitations for omissions liability)
What are the dual burdens of proof for complicity liability?
1) Principal must be proven to have violated the law (must have a common criminal purpose)
2) Accomplice’s actions must be proved to have crossed into complicity
What is the innocent agent exception to the requirement that the accomplice and principal share a common criminal purpose for complicity?
If the accomplice puppets an unknowing principal then the actions of the principal are imputed to the accomplice
What is the Feigned Principal Exception to the requirement that the accomplice and principal share a common criminal purpose for complicity?
If the feigned principal is a police officer, then the accomplice can still be charged with accomplice liability even if the principal never had any criminal purpose
Does attempted complicity ever exist?
Majority (CL Rule): No Slim Minority (MPC Rule): Yes
Does conspiracy liability attach more easily or less easily than attempt?
Conspiracy liability attaches more easily
How is conspiracy sentenced?
Majority: Liability is capped at the object offense
Minority: Sentence without regard to the object offense (could even exceed)
What are the elements of conspiracy?
1) an agreement
2) with at least one other person
3) to commit a criminal offense
4) and maybe an overt act towards the commission of the crime
What are the different kinds of agreements that satisfy the agreement prong of conspiracy?
1) explicit agreement (can be proven circumstantially)
2) tacit agreement (the parties are aware of the collective criminal enterprise and each acquiesce to do their part)
Some Jurisdictions require Bilateral Agreement (genuine agreement) but some will accept Unilateral Agreement
What are the two ways to define the scope of the conspiracy?
1) Hub and Spoke Conspiracy (may or may not be one large conspiracy)
2) Chain Conspiracy (one large conspiracy per US v Bruno)
