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3 Cards in this Set
- Front
- Back
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Common Law Parties to a Crime
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(abolished in most states - anyone who actually engaged in the crime or an accomplice can be guilty of the criminal offense)
(1) principal in the first degree - the actual perpetrator (but can use an agent) (2) principal in the second degree - not present at the scene, typically someone who aided and abetted the crime; liable to the same extent as principals in the first degree. Examples: lookouts or getaway car drivers. (3) accessory before the fact: (i) who conspired with the actual perpetrator, OR (ii) who aided, advised, or facilitated usually not present at the scene, always guilty of conspiracy (thus, the same rules for withdrawal). At CL, could not be convicted unless the principal had already been convicted. (4) accessory after the fact. Examples: (i) hiding a convicted or suspected felon (ii) destroying, hiding, or altering evidence (iii) knowingly and purposefully misleading a police investigation |
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Imperfect Self-Defense
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D is liable for manslaughter instead of murder, when he intentionally kills another, if:
(1) D was the aggressor in a fight (and therefore not entitled to a self-defense claim), OR (2) D honestly but unreasonably believed deadly force was necessary |
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M'Naghten Rule
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It is the majority rule. It includes all mental abnormalities, including delusions, but does not include the inability to control oneself.
(1) The defendant had a mental disease, (2) This disease resulted in diminished mental capacity to reason, and (3) That diminished capacity to reason resulted in the inability to understand the criminality of his conduct or understand the nature of the act. |
