Lecture Notes: Criminal Law - Parties and Inchoate Offenses

Introduction

• Presenter: Leanne
• Topic: Part 6 of Criminal Law series focusing on Parties and Inchoate Offenses

Parties to Crimes

• Definition: A party is someone who participates in a crime.
• Types of Parties:
  • Principal: Directly involved in the commission of a crime.
  • Accessory: Helps commit a crime without being present.

Common Law Classification

1. Principals in the First Degree: Person who actually commits the crime.
   • Example: Stealing a goat directly from a house.
2. Principals in the Second Degree: Aids or encourages the principal during the crime; also called an accomplice.
   • Example: A neighbor helping with the security system.
   • Constructive Presence: Physically there but not engaging directly, e.g., getaway driver.

Accessories

• Before the Fact: Helps plan the crime without being present.
  • Example: Providing information on security systems.
• After the Fact: Learns of the crime after it has happened and helps conceal it.
  • Example: Hiding the criminals and stolen goods.

Changes in Law

• Accessories can now be prosecuted without principal conviction.
• Mental State Required: Specific intent or purposeful action is needed to classify someone as an accomplice.

Inchoate Crimes

• Definition: Crimes that have begun but are not completed.
• Types: Attempt, Conspiracy, Solicitation

Attempt

• Definition: An effort to commit a crime that goes beyond preparation.
• Requirements:
  1. Intent to commit a crime.
  2. An act in furtherance of that intent.
  3. The crime is not completed.
• Mental State: Specific intent required.

Legal Tests for Attempt

1. Proximity Test: How close the act was to completion.
2. Res Ipsa Loquitur Test: Act indicates no other purpose than the crime.
3. Probable Desistance Test: Likelihood the defendant would have completed the crime.
4. Substantial Step Test (Model Penal Code): Significant steps taken towards the crime.

Defenses to Attempt

• Abandonment: Voluntary withdrawal before completing the crime.
• Legal Impossibility: Believing the act was illegal when it wasn't.
• Factual Impossibility: Crime is impossible due to factual error (e.g., selling fake drugs).

Conspiracy

• Definition: Agreement between two or more people to commit an unlawful act.
• Wharton's Rule: Exception for crimes requiring two participants (e.g., gambling, adultery).
• Requirements: Agreement and in some jurisdictions, an overt act.
• Mental State: Intent to commit an unlawful act.
• Legal Notes: Not a defense to withdraw once an agreement is made.
• Procedural Notes: Separate crime from the intended offense; can be tried together with co-conspirators.

Solicitation

• Definition: Encouraging another person to commit a crime.
• Requirements: Specific intent to convince another to commit the crime.
• Act: The solicitation itself is the crime.

Conclusion

• Importance of understanding different parties involved in crimes and inchoate offenses.
• Encouragement to check out additional resources and videos.