Test 2

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Criminal Responsibility

A. Who is liable?

1 Violator of Anticipatory Crimes

2. Parties to the Principal offense

3. Parties to post-crime offenses

B. Anticipatory or Inchoate Crimes

​​​​​​​Solicitation

Attempt to get another person to commit a crime

The cooperation of the person solicited

Evidence that corroborates the testimony of the cooperating witness

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​​​​​​​Conspiracy

A combination of two or more people to achieve some criminal purpose

At common law, a husband and wife could not conspire

Can be an oral contract

​​​​​​​Attempt

Exists when the state can show that a defendant had the intent to commit a particular crime and committed some over act that is a substantial step towards the commission of the crime

What if it was impossible for you to complete the crime? – why was it impossible?

Legal impossibility: defense

Factual impossibility: not a defense

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C. Parties to the Principal Crime

1, Principals

In the first degree: the person who actually commits the crime

In the second degree: the person who is present at the scene of a crime but was involved in the act itself but aided the commission

2. Accessories

Difference

Before

A person who knowing that a crime was to be committed aids in the preparation for that crime but was not present at the commission of a crime

The punishment is the same amount time as the crime committed

After

Person who knew that a crime has been committed and gives aid to the person committing the crime

5 year punishment

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D. Post Crime Offenses

Obstruction of justice: A person may not, by threat, force, or corrupt means, obstruct, impede, or try to obstruct or impede the administration of justice in a court of the State.

Witness Intimidation: the intent is to discourage the victim from reporting a crime to. police or from cooperating with prosecutors, whereas. in repeat victimization, the motive is often acquisitive.

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