speeding police car

·        Accomplice Liability
o       Definitions
§        Principal of an Offense
·        1st Degree – as the scene of the crime, committing the crime; he is the actor and absolute perpetrator
·        2nd Degree – at the scene of the crime, but not the one who commits the crime; he who is present, aiding and abetting the fact to be done
o       Ex.  Look out or Getaway Car
§        Accessory – he who is not the chief actor in the offense, nor present at its performance, but is some way concerned therein
·        Before the Fact – involved in the crime and knows about it in advance, but doesn’t go to the scene of the crime; one who being absent at the time the crime is committed, but yet has procured, counseled, or commanded another
·        After the Fact doesn’t know about the existence of the crime until after the crime is committed, but knowing that the crime has committed, receives, relieves, comforts, or assists the felon/co-felon

o       Modern Penal Structure
§        Principal – same level of culpability
·        Principal in the 1st Degree
·        Principal in the 2nd Degrees
·        Accessory before the Fact
§        Accessory After the Fact – lower level of culpability
o       Aiding and Abetting – actus reus is providing some facilitating service to assist those committing the crime
§        Active participation is not necessary.  Mere acquiescence or knowledge is not enough.  MUST have specific intent to aid or abet the commission of a crime.
o       Accessories to a crime can be convicted before the principal is convicted (however, it must be proven that a crime was committed)
o       Begins the discussion on CONSPIRACY
·        Conspiracy
o       Loose Definition – A partnership in crime [or criminal purpose]
§        18 U.S.C. § 371
o       Elements
§        Each party must know that other parties exist, even though not necessarily their precise identity
§        There must be a community of interest among the participants
o       Functions in the Legal System
§        As an inchoate crime, it complements the provisions dealing with attempt and solicitation in reaching preparatory conduct before it has matured into the commission of a crime
·        Inchoateness allows the prosecution to reach back in time and get people on the path towards criminality
·        Shows a national fear of GROUP CRIMINALITY
o       Conspiracy is a Prosecution Friendly doctrine
§        Hearsay Testimony – though hearsay is generally inadmissible in court, there is a co-conspirator exception, which allows for a conspirator to testify against another co-conspirator
§        Δs can typically be coerced into testifying against each other for deals on sentencing.  Therefore, a conspiracy can crumble under the right type of prosecution
§        Can have increased punishment
§        Venue in court can be used for jurisdiction of ANY of the co-conspirators.  So the prosecution can take the case to a jurisdiction that is friendly to their prosecution
§        Imposes vicarious liability – any member of the conspiracy is liable for any crime committed by any other member of the conspiracy so long as it is foreseeable or in furtherance of the crime
o       Procedural Ease
§        Joinder – more you can get others charged, the more convictions you will have because they will start talking
§        Hearsay Testimony Exception
§        Venue – can bring a conspiracy trial into any jurisdiction in which anything having to do with the conspiracy has taken place
o       Conspiracy OFFICIALLY ends when the target crime is carried out
o       Conspiracy DOES NOT merge with the substantive crime
o       Vicarious Liability
§        Pinkerton’s Rule – each member of a conspiracy, while a member, is liable for every act and is bound by the acts of every other conspirator if they are foreseeable and in furtherance
·        Still good law in federal jurisdictions, while many state jurisdictions reject the rule
§        Withdrawal – Must be bother voluntary and complete
·        1- The individual withdrawing must make his abandonment known to EVERY member in the conspiracy
·        2- Withdrawal must be a voluntary change of heart, rather than fear of detection
·        3- Must by complete by (1) prevention of the target crime, or (2) bring in law enforcement to thwart commission
o       Mens Rea ­– Specific Intent (as in all inchoate crimes)
§        To establish agreement, need only show no more than a tacit, mutual understanding between co-conspirators to accomplish an unlawful act

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