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ACCOMPLICE
1) Who is an accomplice?
2) Requisite mental state?
1) DEFINED—person HELPS THE PRINCIPAL commit the crime by AIDING or ENCOURAGING the principal
2) REQUIRED MENTAL STATE
- MBE: INTENT that the CRIME be committed
- NYBE: INTENT to AID PRINCIPAL'S conduct
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ACCOMPLICE
1) What is an accomplice guilty of?
2) What happens if the principal is not prosecuted (or has a defense)?
1) GUILTY OF
- All crimes that he AIDED or ENCOURAGED, and
- All other FORESEEABLE crimes committed along with the aided crime
2) STILL GUILTY as an accomplice
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ACCOMPLICE
Who is NOT an accomplice?
- MERE PRESENCE
- MERE KNOWLEDGE of crime†
- MEMBERS OF THE PROTECTED CLASS (e.g., victims)
†though knowledge in NY can make someone guilty of "CRIMINAL FACILITATION"
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ACCOMPLICE
If an accomplice changes his/her mind, what must be done to avoid liability?
1) for the MBE?
2) for NY?
1) WITHDRAW
- DISCOURAGE crime, if he/she only ENCOURAGED the principal, but must
- NEUTRALIZE assistance OR PREVENT the crime from happening, if he/she AIDED the principal
- 2) RENOUNCE
- make SUBSTANTIAL EFFORT to prevent principal from committing the crime
- AFFIRMATIVE defense (i.e., ∆ must prove by preponderance of evidence)
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ACCESSORY AFTER THE FACT
1) Common law requirements?
2) What is it known as in NY?
1) ELEMENTS—∆ must
- ASSIST principal who has committed a FELONY
- with KNOWLEDGE that felony has been committed, and
- with the SPECIFIC INTENT to help principal AVOID arrest or conviction
2) "HINDERING PROSECUTION"
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INCHOATE OFFENSES
SOLICITATION
1) Defined
2) Required mental state
3) Completion requried?
1) ASKING someone to commit a crime, with the INTENT that the crime be committed
2) SPECIFIC INTENT (desire that other person commit the crime requested)
3) COMPLETION UNNECESSARY—Crime is in the ASKING (Person asked need not actually complete the requested crime or even agree for ∆ to be guilty)
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INCHOATE OFFENSES
CONSPIRACY
1) Defined
2) Required mental state
3) Completion required?
1) ELEMENTS
- ILLEGAL AGREEMENT between 2+ people to commit a crime, plus an
- OVERT ACT in furtherance of that crime (even if minimal)
2) SPECIFIC INTENT to accomplish conspiracy's objective
3) COMPLETION UNNECESSARY—Crime is in the illegal agreement and overt act
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INCHOATE OFFENSES
CONSPIRACY
1) Possible to have a one-person conspiracy?
2) Liability for crimes committed by co-conspirators?
1) ONE-PERSON CONSPIRACY?
- COMMON LAW: No. Must have at least 2 guilty minds
- NY/MPC: Yes. ∆ may be guilty, even if other parties are acquitted or just pretending to agree
2) VICARIOUS LIABILITY FOR CRIMES OF CO-CONSPIRATORS?
- COMMON LAW: YES, if crimes (i) FURTHERED conspiracy, and (ii) were FORESEEABLE
- NY RULE: NO VICARIOUS LIABILITY
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INCHOATE OFFENSES
ATTEMPTED CRIME
1) Majority definition?
2) NY definition?
3) Required mental state?
1) MAJORITY DEFINITION
- Conduct that is a SUBSTANTIAL STEPS towards the crime, and
- STRONGLY CORROBORATIVE of a criminal purpose
2) NY DEFINITION—Conduct that gets DANGEROUSLY CLOSE to commission of the crime
3) SPECIFIC INTENT to commit the attempted crime ( Note–can't be guilty of unintentional crimes (e.g., recklessness, negligence, felony murder))
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INCHOATE OFFENSES
ATTEMPTED CRIMES
1) is factual impossibility a defense?
2) is legal impossibility a defense?
- 1) NOT A DEFENSE TO ATTEMPTED CRIME
- A claim that it was impossible to complete the crime because of outside forces is NOT A DEFENSE to an attempted crime
- ∆ isn't innocent, merely because things didn't go his/her way—still specifically intended to commit a crime
2) YES (defense to attempted crime)
- Impossible to commit crime if acts aren't illegal
- ∆'s sincere belief that acts are illegal doesn't transmute them into a crime
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INCHOATE OFFENSES
Is WITHDRAWAL, RENUNCIATION, or ABANDONMENT a defense to an inchoate crime under
1) Common law?
2) NY/MPC?
1) NOT A DEFENSE (except that ∆ is no longer vicariously liable, once he leaves a conspiracy)
2) CAN BE A DEFENSE, but only if
- ∆ VOLUNTARILY and COMPLETELY renounces the crime, AND
- renunciation is based on a genuine CHANGE OF HEART (i.e., new found morality)
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MERGER of crimes
1) Rule for lesser offenses, included in a greater offense
2) Rule for inchoate offenses
1) LESSER OFFENSE MERGES with the greater offense (i.e., charged only with greater offense)
2) MERGER OF INCHOATE OFFENSES depends on the offense
- ATTEMPT: lesser offense MERGES with completed offense
- CONSPIRACY: NO MERGER (i.e., can be charged with conspiracy AND other crimes)
- SOLICITATION: Lesser offense MERGES with greater offense under COMMON LAW, but NO MERGER under NY LAW
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