Notes
Test 2
Content of the notes (5)
Page 1
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
Page 2
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
Page 3
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
Page 4
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.