Substantial Step   

(Attempt) 

Having guns/ski masks in possession.

Possession, collection, or fabrication of materials to be employed in commission of the crime at or near the place contemplated for it's commission.

Defenses to Attempt    

Abandonment is NO defense; but legal impossiblity IS.

Legal impossibilty - where the D did everything he intended to do but his acts did not constitute a crime.

Factual impossibilty - NOT a defense -  where the D intends a criminal act but can't accomplish it be cause of facts unknown to him.

ARSON

the malicious burning of the dwelling house of another

(legal impossibility - can't commit arson if you burn down your OWN house). 

Legal Impossibility Example 

Examples to factual impossibility

(no attempt defense) 

D attempts to steal from an empty pocket.

Attempt to shoot someone but was too far away to be killed.

Attempt to kill with an unloaded gun.

D attempts an abortion but the woman was not pregnant.

Conspiracy 

Specific intent crime

must be an agreement between two or more guilty parties  (plurality requirement)

must have two or more guilty parties (one can't be acquitted) --- common law - different for MPC. 

Consirpacy Modern View 

Requires an overt act in furtherance of the conspiracy. 

Conspiracy and Merger

does not merge with the target crime if it is completed

(solicitation and attempt DO merge) 

Scope of the Conspiracy     

Each co-conspirator is held criminally liable for all forseable crimes committed in furtherance of the conspiracy.

Warton Rule 

in crimes where two persons are necessary for commission of the offence (dueling, adultery, bigamy, incest, gambling, giving of bribes) there is no conspiracy unless the agreement involves an additional person. 

Conspiracy and Withdrawal 

CL - withdrawal is not acceptable in conspiracy because it's complete the moment the agreement is entered into. 

May be a defense to subsequent crimes, committed in furtherance of the conspiracy. 

Withdrawal and Conspiracy - Modern/MPC

Withdrawal MAY be a valid defense to conspiracy IF the renouncing party gives timely notice to all members of the conspiracy and thwarts the success of the conspiracy. 

Principal in the first degree 

the actual perpetrator who performs the criminal act. 

Principal in the 2nd degree 

present at the scene of the crime and aides/abetts the P1 but does not commit the crime with his own hand.

(getaway car driver) 

punish to the same extent as the P1 

Edmond Decision 

the eighth amendment - you can't give the death penalty to a P2, accessory before the fact, even though they are guilty of the substantive crime, they cannot be given the death penalty. 

Accomplice Liability 

accomplice must have specific intent that the crime be committed AND must aide, abet, or encourage the P1 in the commission or attempt at commission of the crime. 

Can a woman be guilty of rape as a P2? 

YES - wife is guilty of rape because she intended the H to commit the crime,  and she shouted encouraging words at him.

Accessory before the Fact 

one who aides, abets, councels or encourages the commission of a felony but is not present at the scene.

Guilty to the same extent as the P1. 

Accessory after the fact 

not guilty of the substantive crime.

completed felony must have been committed; AND the accessory must have known about the commission of the felony; AND the accessory must have personally given aid or assistance to the felon to hinder the felon's apprehension, conviction or punishment. 

accessory after the fact's crime 

obstruction of justice 

Murder 

4 Types 

intentionally killing of another human being with premeditation and deliberation

 OR

intent to inflict serious bodily injury murder - D does not intend to KILL but inflict serious injury and victime dies.

OR

felony murder -unintentionally killing that occurs during the commission or attempted commission of a serious or inherently dangerous felony - 2 limits - the underlying felony MUST be an inherently dangerous felony. (BARRK) AND the killing or the death must occur during commission of the felony - if terminated then no felony murder

OR

depraved heart murder - unintentional killing that results from D's reckless conduct. A wanton indifference to human life and a concious disregard of an unreasonable risk of death or serious bodily injury.