Criminal Law Jeopardy 2

Accomplice Liability

100

Mens Rea for Complicity

• Intent to promote or assist the principal in committing the act, AND
• Mens Rea of the underlying crime

200

Person is a party to an offense if 

person commited the offense OR

person is criminally responsible for another's conduct

300

a person is criminally responsible for another's conduct if

with mens rea for offense causes non-responsible party to engage

with intent to promote:

encourages or aids

fails to reasonably act to prevent the offense (when they have a legal duty to do so)

400

Do we allow convictions based on uncorroborated accomplice testimony?

no, there must be other evidence

500

what is not enough to be charged with accomplice liability?

mere presence

Vicarious Liability

100

A business is criminally responsible for acts of its agent when

• Agent is acting on behalf of the business, AND
• Agent is acting within the scope of employment or office, AND
• Agent commits an offense (Strict Liability is possible)

200

A busines has a due diligence offense to vicarious liability except for

strict liability crimes

300

When is a business's agent responsible for an omission

when they have the primary responsibility to carry out that duty

400

What is the mens rea for selling alcohol to an underage person

criminal neglgience

500

Is there a defense to selling alcohol to an underage person?

yes there is a defense if they gave fake ID UNLESS there is an electronic means of checking IDs

Attempts

100

Common Law Attempts MR & AR

MR: specific intent to commit the offense

AR: "last proximate act"

200

TPC Attempts: MR & AR

MR: specific intent to commit the offense

AR: more than mere preparation

300

MPC Attempts: MR & AR

MR: culpability otherwise required for crime

AR: substantial steps

400

Can you attempt a crime with a men's rea of recklessness or criminal negligence?

NO (there are rare exceptions under MPC)

500

Can attempt and underlying crime merge?

yes - they are treated as the same crime, cannot be convicted of both

Impossibility Defense

100

Factual impossibility

Actor has a criminal objective, but some fact or circumstance unknown to the actor prevents the crime from being completed

200

legal impossibility

Actor thinks he/she has a criminal objective, but the objective is in fact not criminal

300

What impossibility defense does CL recognize?

recognizes Legal Impossibility but NOT Factual Impossibility (Jaffe Rule)

400

Impossibility defense in Texas

• What was the defendant’s goal?
• Was that goal a crime? – If yes, no defense

500

MPC Impossibility defense

not recognized

person is guilty if engaging in conduct that would be criminal “if the attendant circumstances were as he/she believed them to be” 

Renunciation Defense

100

Renunciation of an attempt crime (TPC)

• Actor voluntarily and completely renounces criminal objective, AND
• Actor abandoned criminal conduct, OR
• If abandonment is insufficient to prevent offense actor took further affirmative action
• That prevented the crime

200

(TPC) Renunciation is NOT Voluntary if

• Motivated by an increased chance of detection or apprehension
• Is a decision to postpone the crime or choose a different objective or victim

300

Complete Renunciation defense for conspiracy (TPC)

• Actor voluntary and completely renounced criminal objective by
• Countermanding/withdrawing from conspiracy BEFORE the felony was committed, and
• Actor took affirmative action that did prevent the felony

400

Mitigating renunciation defense for conspiracy (TPC)

• Actor voluntary and completely renounced criminal objective by
• Countermanding/withdrawing from conspiracy BEFORE the felony was committed, and
• Actor made substantial effort to prevent the felony but failed

500

MPC renunciation 

same as TPC