Complicity
Principle in the 1st degree CL
Present and actually committed a criminal act
Substantial Step
An action taken by the defendant toward the commission of the intended crime. A substantial step mjust be more than simply planning the crime, and often includes the following acts: lying in wait/following/chasing, scoping out the crime scene, possessing materials to be used in the commission of the crime while near the site of the crime, unlawful entry of a vehicle and/or building and more.
Overt Act
Any act taken in an effort to complete the conspired crime. An overt act can be preparatory in nature, and it is not required that all co-conspirators commit their own overt act; so long as one conspirator commits an overt act, as long as the other conspirators agreed to commit the crime and they posses the specific intent to commit it, the other conspirators can be held liable for conspiracy.
Actual Cause
Refers to a cause or factor without which the harm would not have occurred. Established by but for test or substantial factor standard
Definition of Aiding & Abetting
A person can be held accountable for the conduct of others if he aids, intends to aid, attempts to aid, encourages, solicitis, or if having a legal duty to prevent, refrains from preventing the commission of a crime.
Principle in the 2nd degree
Present and assisted criminal act. Constructive presence of P1
Proximity Test
Used to determine if the defendant acted in such a way that brought them physically or dangerously close to committing the substantive crime.
Withdrawal
For it to be valid one must freely and voluntarily withdraw from the crime, all before the point of no return, or the substantial step. Must make a timely notification to all others involved, and must do everything in their power to prevent the crime before it happens.
Proximate Cause
The close, casual, connection between the acts that caused injuries sustained to the plaintiff
Accomplice CL
Intent to assist, actual assistance, and intent that the crime be committed
Principle MPC
One who commits the crime by their own hand
Attempt CL
Requires a specific intent to engage in the substantive crime, a failure to commit to that crime, and a proximity (physical or dangerous) toward committing that crime.
Conspiracy CL
Bilateral - One who with specific intent to commit a crime makes an agreement between 2 or more people (there must be 2 guilty minds)
Dependent Intervening cause
The resulting harm must have occurred as a consequence of the Defendant's actions and does break the chain of causation
Accomplice MPC
One who aids, solicits, agrees to, or fails to prevent a crime but is not physically or constructively present
Accessory Before the Fact CL
One who aids and abets another in the commission of a crime but is not present at its commission
Attempt MPC
Requires a specific intent to engage in the substantive crime, a failure to commit that crime, and a substantial step taken toward committing that crime.
Conpiracy MPC
(Unilateral) One who with specific intent to commit a crime makes an agreement with one or more persons with an overt act (one guilty mind is enough)
Independent Intervening Cause
Occurs as a result of an unforeseeable action that occurred after the defendant's actions that break the chain of causation
A and B agree to rob a bank. A intends to commit the robbery, but B secretly agrees only because he is an undercover police officer. A later changes his mind and tells B, "I'm not doing this anymore." B never intended to commit the robbery in the first place.
Under Common Law and the MPC, which is most accurate?
A. A is guilty of conspiracy under Common Law because A and B expressly agreed to commit the robbery.
B. A is guilty of conspiracy under both Common Law and the MPC because A personally intended to commit the robbery.
C. A is not guilty of conspiracy under Common Law, but may be guilty of conspiracy under the MPC.
D. A is not guilty of conspiracy under either Common Law or the MPC because A withdrew before the robbery occurred.
C. A is not guilty of conspiracy under Common Law, but may be guilty of conspiracy under the MPC.
Accessory after the Fact CL
One who with knowledge of guilt renders aid or assistance to a felon after the crime has been completed
Pinkerton Rule
Co-conspirators can be held responsible for the crimes committed in furtherance committed of the original crime if it was a foreseeable outcome of the original
A and B agree to rob a bank. A genuinely intends to commit the robbery. B, however, secretly has no intention of committing the robbery and agrees only because he is an undercover police officer investigating A.
Before either person takes any action toward the robbery, A is arrested.
Under Common Law and the MPC, which is the most accurate result?
A. A is guilty of conspiracy under both Common Law and the MPC.
B. A is not guilty of conspiracy under either Common Law or the MPC because B never intended to commit the robbery.
C. A is guilty of conspiracy under the MPC but not under Common Law.
D. A is guilty of conspiracy under Common Law but not under the MPC.
C. A is guilty of conspiracy under the MPC but not under Common Law.
Intervening superseding cause
An Act of God is a natural event that is extraordinary, unforeseeable, and not caused by human conduct
A and B plan to rob a convenience store. Before the robbery, A gives B a gun and a mask, intending to help B commit the robbery. B enters the store but abandons the robbery after the clerk activates an alarm.
After B leaves the store, A learns that B attempted the robbery. A then gives B a car and tells B, "Use this so the police don't catch you."
Under Common Law, which is the most accurate?
A. A is only an accessory after the fact because A provided the car after the attempted robbery.
B. A is an accomplice to attempted robbery, but A cannot also be an accessory after the fact because the two forms of liability are mutually exclusive.
C. A is an accomplice to attempted robbery and may also be an accessory after the fact based on the later assistance, assuming A knew of B's attempted felony and intended to help B avoid apprehension.
D. A is not liable because B never completed the robbery.
C. A is an accomplice to attempted robbery and may also be an accessory after the fact based on the later assistance, assuming A knew of B's attempted felony and intended to help B avoid apprehension.