Modes of Liability
What are the elements of attempt?
1) specific intent to engage in conduct that brings about a certain result
2) a substantial step in furtherance of the intent
3) failure to complete the crime
What are the elements of self-defense?
1) reasonable belief of an imminent threat
2) of death or serious bodily injury
*threat must be imminent, not just inevitable
What are the constraints on the necessity defense?
1) violation of the law produced a lesser evil than compliance
2) the danger prevented was imminent
3) defendant was not responsible for creating the situation that produced the necessity
4) defendant had no legal alternative
5) defendant must not continue crime after the threat is averted
Define the two types of malice
Express: committing a crime with the deliberate intent to bring about the result
Implied: acting with an extreme indifference to human life; abandoned and malignant heart
What are the elements of solicitation?
1) Specific intent or purpose
2) to solicit (encourage, request, etc.)
3) a third party to commit a crime
What are the tests to distinguish between attempt and mere preparation?
1) the slight acts test - the actor completes slight acts in furtherance of their intent
2) dangerous proximity - whether the actor came dangerously close to completing the offense
What are the requirements for the defensive force applied?
It must be necessary and proportionate
Necessity: no other means of retreating from the act - or no legal duty to retreat
What are the elements of duress?
1) person faced an imminent threat from another individual with no reasonable opportunity for escape
2) threat was severe - person placed in reasonable fear that threat would be carried out if they did not commit the crime
3) the crime committed was not murder
4) person was not culpable in creating the circumstances
Define "purposely"
What are the defenses to solicitation?
1) solicitation merges into the completed offense
2) renunciation can be a defense to this crime
What are the defenses to attempt?
1) the crime is impossible to complete (factual impossibility is NOT a defense)
2) the defendant abandoned the effort - requires complete and voluntary withdrawal - cannot be a response to external circumstances
*attempt always merges*
What is perfect self-defense?
A complete bar to liability.
1) honest subjective belief
2) that is objectively reasonable
3) that a threat is imminent
4) and necessitates force to repel it
5) and safe retreat is not possible or legally required
Can duress and necessity be defenses to murder?
No!
Define "knowingly"
Being practically certain that the prohibited result will occur.
Deliberately avoiding incriminating information - one who is "willfully blind" can still be convicted knowingly.
What are the elements of accomplice liability?
1) assistance or support to principal perpetrator
2) performed with the knowledge or purpose to assist in the crime
What are the elements of conspiracy?
1) actual agreement between 2+ people to commit an unlawful act
2) with the specific intent to achieve the goal of the conspiracy
3) overt act in furtherance
What is imperfect self-defense?
Mitigates murder to manslaughter.
1) honest subject belief but
2) that is objectively unreasonable
What is involuntary intoxication? When is it a defense?
When a person ingests a substance and is not told it is intoxicating or does not know that they ingested an intoxicant
Must be a causal connection between intoxication and the prohibited conduct; must negate a required element of the offense
Consciously disregarding a substantial and unjustifiable risk - this is a gross deviation from the standard of care that an ARP would observe
What are the two doctrines of accomplice liability?
Natural and probable consequences: accomplice liable for crimes committed other than the target crime if they are the natural and probable consequence of the target crime
Innocent instrumentality: when a perpetrator uses an innocent person to carry out a crime, the person in the background is the principal, not an accomplice
What are the defenses to conspiracy?
1) renunciation - thwarting the conspiracy; complete and voluntary renunciation
2) merger - conspiracy does not merge with the completed offense
When can a defendant claim necessity?
When violating the law produced better results - the benefits outweighed the costs
What is voluntary intoxication? When is it a defense?
Person willingly ingests an intoxicating substance, whether illegal or prescription
Defense when it negates a required element of the offense; causal connection to the conduct
Has been eliminated altogether in some jurisdictions
Define "negligently"
Defendant should have been aware of a substantial and unjustifiable risk - no conscious awareness of the risk.
This is a gross deviation from the standard of care that an ARP would observe
What are the defenses to accomplice liability?
1) if the principal is acquitted, the accomplice still has derivative liability
2) renunciation (requires affirmative behavior; contacting police, preventing commission of crime, etc.)