Criminal Law Key Terms: Accessories, Conspiracy, Homicide & More

Accessory

after the fact, expostfacto: misdemeanor/lesser charge

Accomplice

before or during, actually counts as participating in the crime

Criminal liability

applied in not 1st first-person way

Conspiracy

begins with an agreement that can be proven

Mere presence rule

just being somewhere near the crime isn't enough for actus reus

Circumstances that words can amount to an accessory

ex: a girl texted her bf encouraging suicide

Vicarious liability

transferring mens rea and actus rea to a 2nd/3rd party; a relationship needs to be proven

Common Law: accessories after the fact/accomplices

treated the same way

Model Penal Code: accessories after the fact/accomplices

got broken up

Sharecropping: accomplice mens rea

if he knew the leasee was using it to grow illegal substances than he can be accomplice mens rea

Inchoate Crimes

charging someone for something they didnt do all the way

2 elements to inchoate

actus reus is they took some action to commit crime and mens rea is that there was full intention to commit

Dangerous Act Rationale

How close did def come to completing the act

Uniquivitality Test

Object reasonable standard, based on what was done, were they planning to commit?

Conspiracy structure wheel

hub (knows everything) and different spokes (may not know), as long as you are part of it

Conspiracy structure chain

everyone is connection, a clear top and bottom with links in between (everyone knows, usually drug industry)

Legal impossiblility

Law does not exist at the time commited

Factual Impossibility

Cant murder someone who is already dead

Abandonment defense

Element of the defense needs to be voluntary abandonment of attempt (change of heart)

RICO act

Need to deal with organized crime, Enhanced penalties for criminal enterprises, apply much higher financial fines and max prison sentneces

Criminal Homicide

taking life of another person

Criminal murder

based on seriousness, and intent, malice aforethought

Malice aforethought

the required mental state for murder.

Bifurcated process

same jury that determines guilt or no guilt also decides of death or no death

Capital punishment/death

Aggravating or mitigating facts needed to be made known so they can consider all elements

Felony murder

strict liability if someone dies during a felony

Involuntary manslaughter

Mens rea is negligent or reckless

Fetus death

feticide

First year

infantcide

Solicitation

diff than conspiracy, given money to commit a crime