NCJ Number
109628
Journal
Supplement of American Journal of Comparative Law Volume: 34 Dated: (1986) Pages: 479-490
Date Published
1986
Length
12 pages
Annotation
This article examines the elements of attempted crime, aiding and abetting or accessory liability, and conspiracy and whether withdrawal or abandonment from an offense after the aforementioned elements have been committed should eliminate culpability.
Abstract
A person is guilty of an attempt to commit a crime when, with intent to commit a crime, the person behaves in a manner to effect the commission of such crime. Aiding and abetting occurs when a person makes some contribution toward the commission of a crime with the conscious intention that the crime be committed. Conspiracy requires that a person enter into an agreement with other persons having the intent that a particular crime be committed. The traditional rule has been that once the elements of these three crimes have been satisfied, subsequent abandonment of the crime does not relieve the offender of criminal responsibility. Current thinking in the legislatures, however, is that persons should be encouraged to abandon the execution of crimes by making voluntary withdrawal from an intended crime before its commission a legitimate defense against attempted crime, aiding and abetting, and conspiracy. The abandonment must be voluntary and not in response to law enforcement 'hot pursuit,' and it should be done in a timely and aggressive manner that attempts to discourage other participants from executing the crime. 26 footnotes.