Accomplices and Vicarious and Corporate Liability; Attempts and Conspiracy; Living With Intractable Legal Problems (From Criminal Law and Approaches to the Study of Law: Cases and Materials, Second Edition, P 715-875, 1991, John M Brumbaugh -- See NCJ-129382)

• NCJ Number: 129387
• Author(s): J M Brumbaugh
• Date Published: 1991
• Length: 161 pages
• Sale Source: Foundation Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This chapter on accomplices, attempted crimes, and conspiracy identifies a number of associated legal problems for which no resolution is yet in sight.

Abstract

The discussion of accomplices to crime considers the criminal responsibility of those who encourage or assist the principal criminal actor in the commission of the crime. The law of attempted crimes poses the issue of when conduct leading up to the commission of an offense first becomes criminal in itself, even though the intended criminal act did not occur. Some of the unresolved legal issues in these areas include whether an intent to advance the criminal enterprise should be required for accomplice and conspirator liability and whether the two situations should be handled identically. Other problems are the extent to which an accomplice or conspirator must have objectives congruent with others involved in the criminal undertaking, how the line between preparation and attempt should be drawn, and the extent to which it is proper to punish conduct before it reaches the level of an attempted crime. Another issue posed is how, if at all, the criminal law should punish corporations. Discussion questions, notes, and relevant court decisions