FYLSX Inchoate Offenses and Parties 4 — Questions and Answers
Question 1: Uma hires Vince to murder Walt. Vince agrees. Uma is best described as:
- A principal in the first degree
- A principal in the second degree
- An accessory before the fact (Correct answer)
- An accessory after the fact
Correct answer: An accessory before the fact
Under common law, one who commands, counsels, or procures a felony but is not present is an accessory before the fact.
Question 2: Xena is present at a robbery, serving as lookout outside the store while Yuri commits the robbery inside. Xena is best classified as:
- An accessory before the fact
- A principal in the first degree
- A principal in the second degree (Correct answer)
- An accessory after the fact
Correct answer: A principal in the second degree
A principal in the second degree is constructively present (nearby aiding) during the commission of the crime, like a lookout.
Question 3: Zack drives the getaway car after a bank robbery committed by Amy. Zack knew about the robbery in advance and agreed to help. He is:
- An accessory after the fact only
- A principal in the second degree (Correct answer)
- An accessory before the fact
- A co-conspirator with no accomplice liability
Correct answer: A principal in the second degree
Agreeing to help in advance and being present (constructively, as getaway driver) makes Zack a principal in the second degree, not merely an accessory after the fact.
Question 4: Under modern law, what is the most common approach to accomplice liability?
- Strict common law distinctions between principals and accessories are maintained
- All parties who aid, abet, or assist are treated as principals (Correct answer)
- Only principals in the first degree can be convicted
- Accessories cannot be convicted before the principal is convicted
Correct answer: All parties who aid, abet, or assist are treated as principals
Modern statutes have largely abolished the common law distinctions, treating all who aid, abet, counsel, or procure the crime as principals.
Question 5: Beth knows her brother Carl robbed a store and hides him from police. Beth is guilty of:
- Conspiracy
- Accessory after the fact (Correct answer)
- Principal in the second degree
- Solicitation
Correct answer: Accessory after the fact
An accessory after the fact knowingly assists a felon to escape or avoid arrest after the felony has been completed.
Question 6: Dan buys a gun intending to shoot Ed, but changes his mind and never goes to Ed's house. Under the MPC, Dan is:
- Guilty of attempted murder because he purchased the weapon
- Not guilty of attempt because he voluntarily abandoned the plan (Correct answer)
- Guilty of conspiracy with himself
- Not guilty of attempt because purchase of a weapon is mere preparation
Correct answer: Not guilty of attempt because he voluntarily abandoned the plan
The MPC recognizes voluntary and complete abandonment as an affirmative defense to attempt, unlike most common law jurisdictions.
Question 7: Faye tells Greg, 'I'll pay you $1,000 to beat up Henry.' Greg refuses. Faye immediately has a change of heart and says 'Never mind, forget I said that.' Regarding the solicitation charge:
- Faye is not guilty because she withdrew the solicitation before any action was taken
- Faye is guilty because solicitation was complete when she made the request (Correct answer)
- Faye is not guilty because Greg refused
- Faye is guilty only if Greg had agreed
Correct answer: Faye is guilty because solicitation was complete when she made the request
Solicitation is complete upon the making of the request; neither refusal by the other party nor subsequent withdrawal by the solicitor negates the offense.
FYLSX Inchoate Offenses and Parties 4
Uma hires Vince to murder Walt.
Vince agrees.
Uma is best described as: