Criminal Law

Question 1

Accomplice Liability

Answer 1

actively involved in the crime - with the intent to encourage the crime. (need MORE than presence ; need MORE than knowledge that a crime could result)

liable for crime itself and all other FORESEEABLE crimes.

withdrawal must occur before the crime becomes unstoppable.
if aid was “mere encouragement” can withdraw by repudiation.
if aid was more than mere encouragement, must attempt to neutralize. (notifying the police or taking other action to prevent the crime is also sufficient)

Question 2

Solicitation

Answer 2

inciting, counseling, advising, urging or commanding someone to commit a crime with the INTENT that the person solicited commits the crime.

ends when you ask. if they agree, merges with conspiracy.

Defenses: not withdrawal; not non-conviction of solicited; not that offense solicited could not in fact have been successful.

Question 3

Conspiracy

Answer 3

agreement between two or more people to pursue an unlawful objective.
-must intend to agree and to pursue the unlawful objective
note: people do not have to know one another in order to agree; agreement may be express or implied (inferred from joint activity).
(CL)
Majority: conspiracy also requires an overt act
Note: MA does not

Liability extends to crimes committed by co-conspirators which are foreseeable AND in furtherance of the conspiracy.

Defenses: withdrawal would limit liability for crimes of co-conspirators that are foreseeable and committed in furtherance of the conspiracy.
impossibility is not a defense.

Gen’l rule - cannot withdraw from inchoate offense.