Whose fault is it?
An actor is is liable for someone else’s conduct
What is complicity
The crime of conspiracy and the crime the conspirators agree to commit are separate offenses
What is Pinkerton rule
The actor took some positive act in aid of the commission of the offense
What is Accomplice actus reus
Trying but failing to commit crimes
What is criminal attempts
Help courts decide when defendants’ acts have taken them further than just getting ready to attempt and brought them close enough to completing crimes to qualify as attempt actus reus
What is proximity tests
The relationship between two parties makes one party criminally liable for another party’s conduct
What is vicarious liability
Defendant took “some positive act in aid of the commission of the offense”
What is accomplice actus reus
Persons not present when the crimes are committed but who help before the crime is committed
What is accessories before the fact
Making an agreement to commit a crime
What is criminal conspiracy
Focus on dangerous conduct; they look at what remains for actors to do before they hurt society by completing the crime
What is dangerous proximity tests
Liability that attaches for participation before and during a crime (prosecution for the crime itself)
What is accomplice liability
Accessory after the fact; usually a misdemeanor
What is accessory
Persons who help after the crime is committed
What is accessories after the fact
A single statute that applies to the attempt to commit any crime in the state’s criminal code
What is general attempt statute
Asks whether defendants have reached a point where they’ve gotten control of everything they need to complete the crime
What is indispensable element test
Liability that attaches for participation after crimes are committed (prosecution for a minor offense other than the crime itself
What is accessory liability
Participants before and during the commission of crimes and
what are accomplices
A person’s presence at, and flight from, the scene of a crime aren’t enough to satisfy the actus reus requirement of accomplice liability
What is mere presence rule
Separate statutes that define attempts in terms of specific crimes in the criminal code, such as attempted murder, attempted robbery, and attempted rape—crimes that involved a specific intent
What is specific attempt statutes
“The act speaks for itself”, examines whether an ordinary person who saw the defendant’s acts without knowing her intent would believe she was determined to commit the intended crime
What is unequivocality test
An agreement to commit some other crime
What is Conspiracy
Participants after crimes are committed.
What are participants after crimes are committed.
Based on parents’ acts and omissions; differ from vicarious liability statutes, which are based on the parent–child relationship
What is parental responsibility statutes
From the Latin “to begin”; crimes that satisfy the mens rea of purpose or specific intent and the actus reus of taking some steps toward accomplishing the criminal purpose—but not enough steps to complete the intended crime
What is inchoate offenses
Determines if defendants have gone far enough toward completing the crime that it’s unlikely they’ll turn back
What is probable desistance test