Criminal Liability Inchoate offenses and Parties to a Crime

Jade Johnson

04/01/2018

Summary Chapter 4

Chapter 4 is extending criminal liability inchoate offenses and parties to a crime. The chapter opens of discussing inchoate crimes. Inchoate crimes are crimes that generally lead to other crimes they are also known as incipient crimes. When dealing with inchoate crimes they usually involve attempts, solicitation, and conspiracies.

There are two elements when discussing attempt the two elements are specific intent or purpose to commit an offense and substantial step undertaking toward the commission of the offense. Under the act requirement mere preparation usually does not constitute the crime as criminal attempt. Another important fact discussed in this chapter is the proximity approach. When acts remotely lead to an offense they are not considered attempts to commit but when the acts are directly connected they are. The proximity approach branches from the last act test, which was eventually replaced by the physical proximity test. The proximity test is a test for assessing attempts under which a person is found guilty of an attempt when his or her conduct comes dangerously close to success.

Criminal conspiracy is another important section. Criminal conspiracy is an agreement between two or more people to commit or to effect the commission of an unlawful act or to use unlawful means to accomplish an act that is not unlawful. Under conspiracy there are four elements they are an agreement between two or more, an intent to act unlawful, cupable intent on the part of the defendants, and depending on the jurisdiction preparation, over act, or substantial step in furtherance of the conspiracy.

Lastly criminal solicitation occurs when a person requests or encourages another to perform a criminal act. When dealing with parties involved in a crime there is a complex scheme. The first is a principle in first degree the person who actually committed the crime. Next the principle in second degree any person that was present at the scene who aided, embedded, and encouraged. Third we have the accessory before the fact which is a person who helped before the fact but was not present at the crime. Lastly accessory after the fact any person who knew of the crime but failed to report or kept the crime hid.

Chapter 5 Summary

Check the five discusses justification of defense. Defenses are physical evidence and arguments that the defendant and their attorney present to show why the person should not be accountable for the criminal charge. There are two forms of legal defenses they are justification in excuses. A justification is a reason why the defendant committed an act but justifies why the act was needed.An excuse is a personal reason or circumstance why the defendant feels as if they should not be held accountable under the criminal law.

Next important thing is justification of a defense. Justification for a reason something may have occurred include necessity, self defense, defense of others, defense of home and property, resisting unlawful arrest, and content. Under justification of defense there is necessity if you are able to prove that the unlawful act that you committed was necessary to prevent greater harm then necessity may be applied. When discussing defense there are also different levels of force. Force means physical. The different types of forces are to include reasonable force and deadly force. Reasonable force is the type of force necessary and deadly force is considered the highest degree.

Lastly I am going to discuss resisting unlawful arrest and consent. In some states it is allowed to use necessary force though you are allowed to use necessary it is unlawful for deadly force to be applied unless the arresting officer results to deadly force and you are trying to defend yourself. Lastly, consent is when a person is suffering an injury and either sustained the injury or accepted the possibility of injury before the activity was under taken consent is used in many different situations. For example, sexual activity and sports. Consent is notable to be given when there intimidation or fraud.

Capstone Case 2

1)Lawrence was unable to claim self defense because