sect15_pros_memo - SECTION 15 THE ACT REQUIREMENT AND...

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S ECTION 15: T HE A CT R EQUIREMENT AND L IABILITY FOR AN O MISSION O CTOBER 31, 2006 P RIMARY C ASE IN S ECTION : D AVID C ASH Commonwealth v. Morrow - Defendant held liable for an accomplice’s rape of a woman during the armed robbery of two men at a house - Being an accessory doesn’t require physical participation o Because Defendant has associated himself with the criminal venture and participated in any significant way Commonwealth v. Stout - Defendant held liable as an accessory for an attempted bank robbery à for supplying guns o Before the fact - Defendant must associate himself with the venture - Participate in it as in something that he wishes to bring about Legal Analysis/Argument: Charge Prosecution Defense § 2.06: Liability for the Conduct of Another; Complicity Pg. 445 Subjective elements – law 1 o (1) A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable o (2) A person is legally accountable for the conduct of another person when: o a) causing an innocent person to engage in such conduct à mailing a letter bomb and postal employee delivers the letter w/o Objective elements – facts o Law is not legally accountable for Geoghan’s actions because he does not satisfy the requirements of the MPC. o 3(a) requires that an actor have purpose of promoting or facilitating the commission of the offense o Law had no intention of allowing Geoghan to commit the atrocious crimes that he did. 1
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Charge Prosecution Defense knowing o b) Made accountable for the conduct of such other person by the Code or by the law defining the offense o à Specific statute that states that head priest must be held liable for actions of the priests under him o (c) He is an accomplice of such other person in the commission of the offense o (3) A person is an accomplice of another person in the commission of the offense if: o (a) With the purpose of promoting or facilitating the commission of the offense, he o à Substantial knowledge of commission of crime o Raises culpability level to purposely o (i) Solicits such other person to commit it o (ii) Aids or attempts to aid such other person in planning or committing it o à Objective element o If attempt, refer to § 5.01; if planning, refer to § 5.03 (conspiracy) o Common law – o These crimes cannot be imputed to Law. He did not purposely allow all those children to be molested o His actions may have facilitated Geoghan’s assaults but this would be recklessness on Law’s part at best.
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