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Mens Rea Actus Reus Extent of Liability Withdrawal Renunciation

(Abandonment)
Once D has crossed the line
from preparation to
attempt, the crime of
attempt has been
completed and
abandonment is no
An act in
defense.
furtherance of
that intent that
TIMING OF THE
goes beyond
ABANDONMENT:
Intent to do an act mere
Even when abandonment is
or cause a result preparation.
CL -- available as a defense to
which constitutes
attempt, there are
a crime.
situations in which
“Beyond mere
voluntary cessation comes
preparation” =
too late to allow the
“Substantial
defense. (Abandonment
Step” Test
constitutes a defense to the
crime of attempt, but only it
if occurs before the crime is
completed or the harm is
done.)

Recognizes complete and


ATTEMPT voluntary abandonment, or --
“renunciation,” as a defense
to attempt.
[ASIDE: “Voluntary” =
prompted by pangs of
conscience or a change of
heart. Abandonment is not
voluntary if D senses that
he’s going to get caught.
Same “Complete” means that D
isn’t merely postponing.]
MP “Beyond mere
Same --
C preparation” = TIMING OF THE
Last Proximate ABANDONMENT:
Act Test Allows an abandonment
defense even when the
last proximate act has
occurred, so long as the
criminal result can still be
Mens Rea Actus Reus Extent of Liability Withdrawal Renunciation
(Abandonment)
Encouraging,
requesting, or
advising another
Intent (purpose) person to
that the other commit a crime.
No renunciation.
CL person commit the
acts constituting Solicitation must
that crime. actually be
communicated
SOLICITATI to the person
--
ON solicited.
Same Renunciation must be
complete and voluntary.
Solicitation is The solicitor must either
complete even successfully persuade the
MP
Same when “the actor solicited person not to
C
fails to commit the crime OR
communicate otherwise prevent its
with the person commission.
he solicits.”
Mens Rea Actus Reus Extent of Liability Withdrawal Renunciation
(Abandonment)
CL (1) Intent to give
aid or
encouragement to
the principal.
[Intent =
purposeful.]

(2) Intent that the MAJ: An accessory


primary party before the fact and a
Remove all aid and
commit the principal in the second
encouragement in a timely
offense charged. degree can be held
manner OR give the police
SPLIT: Giving aid or liable for all crimes
notice of the impending
encouragement. that are the “natural
• MAJ says must crime in time for them to
ACCOMPLIC and probable
be purposeful; intervene. --
E LIABILITY consequences” of
• MIN says that the initial crime they
knowing intent assisted.
is enough if D
knowingly
assisted (i) a
serious crime
and/or (ii)
provided very
critical aid.
MP (1) Same Same + Liability of an Extra withdrawal option –
C (2) Same (MPC attempting to accomplice does not “otherwise making proper
takes MAJ give aid or extend beyond the effort to prevent the
approach above) encouragement. purposes he shares. commission of the offense.”
Mens Rea Actus Reus Extent of Liability Withdrawal Renunciation
(Abandonment)
(1) Intent Pinkerton doctrine: a
(purpose) to enter conspirator can be
into an held liable for crimes
agreement; committed by co-
(2) Intent to conspirators, even
promote the though the
unlawful act that conspirator’s only
is the object of the involvement in the
conspiracy substantive criminal
SPLIT: conduct was the
• MAJ: Intent = original agreement to
purpose. BUT the overall The conspirator must inform
(1) An conspiratorial
knowledge may each co-conspirator of the
agreement objective.
suffice if the decision to withdraw OR act Renunciation was
between at least Limitations:
object of the inconsistently with the not recognized as a
two ppl;
CL conspiracy is a • The substantive conspiracy’s objectives in a defense.
(2) An overt act
serious crime must have way that should come to
in furtherance of
felony, or if D been in furtherance the attention of the other
the agreement;
had a stake in of the conspiracy, conspirators.
the venture. and it must have
• MIN: been reasonably
knowledge of foreseeable.
the underlying • D is not punished
crime suffices. for substantive
(3) [MIN/CA] crimes committed
Knowledge that by other
the unlawful act is conspirators before
indeed unlawful. D joined the
conspiracy, or after
CONSPIRAC
he or she withdrew
Y
from it.
Allows
renunciation. 
The conspirator
Rejects Pinkerton. must “thwart the
Instead, a conspirator success of the
is automatically liable conspiracy, under
only for the crime of circumstances
conspiracy. The manifesting a
(2) Take MAJ Either inform his co-
conspirator can then complete and
approach above (1) Agreeing conspirators of the decision
MP be punished for a voluntary
(intent = purpose) (doesn’t require to withdraw OR tell the
C crime committed by renunciation of his
(3) No corrupt two ppl) police about the conspiracy
co-conspirators only if
Withdrawal v. Renunciation from Conspiracy:
• Withdrawal from a conspiracy is only a partial defense to liability.
o Upon withdrawing from a conspiracy, the conspirator is not responsible for crimes subsequently committed by other
conspirators in furtherance of the conspiracy. (Pinkerton liability ends upon withdrawal.)
o BUT, the conspirator is still liable for the crime of conspiracy and for any crimes that were committed in furtherance of the
conspiracy while he or she was still a member.
o EXCEPTION: there is one situation in which withdrawal affords a complete defense to a conspiracy charge. In jxns where
an overt act in furtherance of the conspiracy is necessary to complete the crime, cts hold that a conspirator who
withdraws from the conspiratorial agreement before any overt act is committed cannot be convicted of conspiracy, b/c no
conspiracy existed before he or she withdrew.
• Renunciation, by contrast, is a “complete” defense.
o A conspirator who renounces the conspiracy has a defense not only to the crimes committed by his or her co-conspirators
in furtherance of the conspiracy, but also to the original crime of conspiracy.
COMMON LAW

Murder
• Intentional  Intent to kill
• Unintentional  intent to cause
SBI; depraved heart; felony murder Everything inside
• 1st, 2nd, 3rd degree is criminal

Manslaughter
• Voluntary
• Involuntary

Non-Criminal
• Accidental
• Justifiable
o Necessity (MPC only)
o Self-defense
o Defense of others
o Defense of home
• Excusable
o Insanity
o Duress (MPC)

Diminished Capacity (doesn’t exist in Extreme


CA) Recklessness
Gross Recklessn
• Negates premeditation: 1st degree (manifesting
Neg. ess
indifference to
 2nd degree
human life)
CL Manslaughter Murder
MPC Negligent Manslaugh Murder
MPC

MURDER: Committed…
• Purposely or knowingly; or
• Recklessly under circumstances
manifesting extreme indifference
to the value of human life.
• (Recklessness/indifference is
presumed if committing robbery,
rape or deviate sexual intercourse
by force or threat of force, arson,
burglary, kidnapping or felonious
escape.
• ALL murder is 1st degree felony.

MANSLAUGHTER: Committed…
• Recklessly; or
• Under the influence of extreme mental
or emotional disturbance for which
there is a reasonable explanation or
excuse. (Subjective)
• 2nd degree felony

NEGLIGENT
HOMICIDE
 3rd degree felony