Inchoate Crimes
The offense of asking someone else to commit or join in a crime.
What is solicitation?
When a defendant took every step she intended to take for the target crime to occur, but it did not occur for some reason.
What is a complete attempt?
(1) Principals; and (2) accessories
What are the types of accomplices in CA?
1. Intent to kill
2. Intent to cause grevious bodily injury
3. Depraved heart murder
4. Felony murder
What are the 4 types of malice?
When you attack the prosecution's argument/evidence and convince the jury to doubt the mens rea, actus reus, or identity.
What is a failure of elements defense?
The agreement between two or more people to commit a crime.
What is conspiracy?
When a defendant's intent to kill for attempted murder may be established by proving that the defendant acted with concurrent intent as to other victims.
What is the Kill Zone Theory?
Actual perpetrator with actus reus and mens rea.
What is a principal in the first degree?
The killing of a human being by another human being with malice aforethought.
What is murder?
The defendant's conduct was the wrong thing to do, and not morally correct, but there is something wrong with the defendant that makes them morally blameless.
1. Presence at the scene
2. Knowledge that the crime is underway
3. Agreement in advance to participate
What factors help prove an agreement was made to form a conspiracy?
1. # of shots fired
2. Placement of shots
3. Space confinement
4. Type of weapon used
5. Distance between victim and defendant
What are some factors to look for to establish a kill zone for attempted murder?
An accomplice is liable for an unintended crime that is a natural and probable consequence of the target crime.
What is the natural and probable consequences doctrine?
1. Agency approach
2. Proximate cause approach
3. Provocative act murder doctrine
What are the approaches to the opponent of the felon situation?
1. Honest belief in imminent danger of death, GBI, rape, robbery
2. Honest belief response is reasonable
3. beliefs in 1 & 2 are reasonable
4. No more force than necessary is used
5. Defender not initial aggressor
What are the elements of self-defense?
When a single individual or small group of individuals transacts some type of illegal business with separate individuals who may or may not know each other.
What is a hub and spoke complex conspiracy?
(1) intent to agree
(2) intent that the target crime be committed, and
(3) take an overt act in furtherance of the target crime
What are the elements of conspiracy?
Someone who comes along after a crime is over to help the perpetrator avoid detection.
What is an accessory after the fact?
When a defendant or his accomplice, with conscious disregard for life, intentionally commits an act that is likely to cause death, and his victim or a police officer kills in reasonable response to such act, we hold the defendant liable for murder.
What is the provocative act murder doctrine?
You must retreat if a completely safe retreat is available and known.
What is the minority and MPC view towards duty to retreat?
An exception to Pinkerton liability for crimes that require two or more people.
What is Wharton's Rule?
1. # of acts remaining
2. Propinquity (geographical distance)
3. How close in time?
4. How clear is Δ’s intent?
5. Equivocality tool (can we infer their acts alone their intent?
What is the common law "proximity approach" to assess incomplete attempt?
The N&P doctrine does not require the non-target crime be in furtherance of the conspiracy.
What is the difference between N&P doctrine and Pinkerton liability?
When one acts with premeditation and deliberation.
What makes first-degree intent to kill murder different than second-degree?
Violent battery, mutual combat, injury to a close relative, sometimes assault, and in some jurisdictions, words alone.
What shows adequate provocation?