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13 Cards in this Set

  • Front
  • Back

Solicitation: General

*Attempt to conspire

*Does not need agreement

Solicitation: Actus Reus

Purpose of or facilitating its commission hecommands, encourages or requests another person to engage in specific conductwhich would constitute such a crime or an attempt to commit such a crime

Solicitation: Mens Rea MPC and Common Law

*purpose to promote or facilitate the crime

Solicitation: Abandonment Common Law

Unequivocally renunciate and take every step to try and prevent the crime

Solicitation: Abandonment MPC

Unequivocally renunciate and actually prevent the crime

Aiding and Abetting: Definition

A way to hold the aider liable for the crime that the principal commits

Always start with principal's liability

Principal must have completed the offense

Aiding and Abetting Common Law Actus Reus

Very low. Vocalization of encouragement can be enough. Unspoken aid can be enough too.

Aiding and Abetting Common Law: Mens rea

Purpose, but knowledge can be enough if the crime is particularly heinous

Aiding and Abetting Common Law: Luparello

* Predicate fact:Encourageone bad thing and a second happen

*Was the crime in furtherance?

*Was it the natural and probably consequence (foreseeable)?

Aiding and Abetting MPC: Mens Rea

Purpose to promote or facilitate the commission of the crime that leads to the result

Aiding and Abetting: Causation

Does not need to be present

Aiding and Abetting: Principals' Defenses

*Excuse (e.g. insanity): does not apply to aider

*Justification (e.g. self-defense): applies to aider

Aiding and Abetting: Abandonment

Part terminated if:

*He wholly deprives it of its effectiveness in the commission of the offense OR

*Gives timely warning to law enforcement authorities

*Victims can't be aiders

* It's not aiding if the aid is sufficiently defined within the defense