Solicitation / Accomplice liability

Corporate liability State v Christy Pontiac

A corporation may be guilty of a specific intent crime. Further, a corporation may be found guilty of a specific intent crime committed by its agent if: (1) the agent was acting within the course and scope of his employment, having the authority to act for the corporation with respect to the particular corporate business which was conducted criminally; (2) the agent was acting, at least in part, in furtherance of the corporation's business interests and (3) the criminal acts were authorized, tolerated or ratified by corporate management.

accomplice/principal

Accomplice: one who assists or encourages the carrying out of a crime, but does not commit the actus reus. May not be convicted unless principal is too. Principal: one who commits the actus reus (with or without the assistance of the accomplice)

Vicarious liability; Commonwealth v Koczwara

The Defendant can be convicted in violation of the state liquor code even where the prohibited acts were done without his knowledge or intent. However, the punishment shall be limited to a light monetary fine and no imprisonment. As a result, the $500 fine should be upheld, but the three-month imprisonment sentence is invalid.

Solicitation (misdemeanor)

The act of requesting or encouraging another to perform a criminal act, regardless of whether the latter agrees. Allows punishment of the solicitor if the person who is requested to commit the crime refuses. (Wife requesting a hitman to kill her husband, he refuses, she is guilty of solicitation) No over act required - as soon as D makes request/proposal, crime is complete MPC imposes liability where solicitor attempts to communicate criminal proposal, but proposal is never received. (e-mail intercepted by police) Renunciation/Abandonment: only allowed if D prevents the commission of the crime VOLUNTARILY MERE REQUEST/ENCOURAGEMENT NOT ENOUGH FOR CHARGE OF ATTEMPT. FOR ATTEMPT U NEED EXTENSIVE PREPARATONS/OVERT ACTS ON BEHALF OF THE SOLICITEE In the event that a defendant solicits another person to commit a crime and the person he solicits actually commits the crime, the defendant becomes an accessory before the fact and the defendant can therefore be convicted for both the solicitation and for his role as an accessory.

Accomplice liability At common law, a person could be convicted as an accomplice only if the actual perpetrator of the crime was convicted. Under modern statutes, however, an accomplice can be convicted even if the perpetrator of the crime is not (during the trial of the prosecution must prove the perpetrator's guilt, even if he was acquitted on technicality u can still convict accomplice)

accomplice - the prosecution must prove that the defendant committed an actus reus and had the requisite mens rea principal/accessory - the prosecution must prove that the defendant committed an act that either encouraged or actually helped the criminal, that he had the requisite intent of encouraging or helping the criminal, and that the criminal who was encouraged or assisted by the defendant actually committed the crime (either by performing an act: lure the victim out or by lending the pistol) ***but the criminal doesn't have to know the accomplice is helping him*** ***words of encouragement (i'll go help if u need me) falls under accomplice liability too*** ***the accomplice must have the same mens rea that is required on the part of the actual perpetrator of the crime***