Solicitation
CL Solicitation
D must have specific intent to encourage another person to commit a crime.
Solicited doesn’t need to be convinced to commit the crime or attempt committing the crime.
Actus Reus: Failed communication = no solicitation. Mens Rea: specific intent. Renunciation: no defense.
When govt. agents induce person into committing crime he would not have otherwise committed. Can’t merely offer an already-predisposed person the opportunity to commit a crime.
MPC: Accomplice Liability
Accomplice When:
1) Solicits another person to commit crime,
2) aids/agrees/ attempts to aid in planning or committing,
3) has legal duty to prevent commission but does not. Access not liable for crimes beyond those they intended to aid/encourage.
Purposely
conscious object to engage in the conduct or cause a certain result
McNaughten Test
CL: Insanity: M’Naghten: requires total lack of cognitive ability. Irresistible impulse test: D was compelled to do wrongful act by irresistible impulse, because of mental disease/defect (volitional impairment).
MPC Solicitation
MPC Solicitation: D acts with purpose of encouraging another to commit a specific conduct.
Diff from CL in that D encourages another to become an accomplice then he has also solicited.
Actus Reus: an act of communication or encouragement of the other person to commit an offense. Failed communication = solicitation.
Mens Rea : acts with purpose of promoting/facilitating communication of the offense. Renunciation: could be a defense if thwarts the commission of the solicited crime.
Majority: Entrapment
Subjective. Focus on D. Occurs when crime is induced by office and D was not predisposed.
CL: Accomplice Liability
Modern approach: eliminates distinction b/n principals and accessories: imposes same punishment.
If after the fact, some states separate them.
Conspiratorial liability: agreement between two or more persons to commit a crime. Though similar, the difference between an accomplice and a co-conspirator is a co-conspirator agrees to commit a crime w/ someone else, whereas an accomplice actually assists in committing the crime/avoiding arrest.
Principal: conduct/mental state satisfy all elements of crime. Guilty as principal if solicited another person. Acces.
Before the fact: aids and abets before hand (+mens rea of crime), but not present during crime nor solicited other to commit the crime. Acces.
After fact: felony must be complete, knowledge of felony, aid the felon.
Knowingly
aware that conduct is of that nature required by the crime
Mistake of Law
CL: Mistake of Fact Def: may negate crim intent (but not for strict liability). Gen: whether mistake is reasonable. Spec: even if unreasonable.
MPC: Mistake of Fact Def: does not matter if specific intent or general intent.
Min./MPC: Entrapment:
Objective. Focus on govt. action: induced/encouraged D to commit crime by employing methods of persuasion that create a substantial risk that crime will be committed by law-abiding citizen. Can’t do more than present the crime.
Co-Felony Rule
Co-Felony Rule: the prosecution of individuals involved in the furtherance of the criminal act.
Recklessly
onsciously disregards a substantial and unjustifiable risk, and this disregard constitutes a gross deviation from the standard of care. D is actually aware.
Mistake of Law
CL and MPC: Mistake of Law Def: ignorance of law is not valid defense, except when reliance on decision of court, statute not reasonably available. Honestly held mistake/bad legal advice negates intent.
Negligently
when the actor fails to be aware of a substantial and unjustifiable risk. D ought to be aware of the risk