Parties to Crimes

1
Parties to Crimes Inchoate Crimes
2
Parties to Crimes

• Common Law
• Principal in 1st Degree
• Principal in 2nd degree
• Accessory before the fact
• Accessory after the fact

• Montana
• N/A
• N/A
• Accountability
• Obstructing Justice

3
Parties to Crimes

• Common Law
• Prin. must be convicted for Access. to be
  convicted
• Used to only apply to felonies
• Accessories lesser sentences

• Montana
• Can have Prin. found NG Access guilty
• Applies to all crimes
• Acct. same potent. as main offense

4
Attempt (crime not completed)

• Act (CL) Beyond mere prep. (MT) Commencement
  of consummation despite any act
• Factual Impossibility Defense (CL) NO
  (Montana) NO 45-4-103(2)
• Legal Imposs. CL and MT Yes
• Punishment(CL) less than attempted crime (MT)
  Potentially same
  

5
CONSPIRACY

• CL complete upon agreement Mt requires act in
  furtherance 45-4-102
• Some Juris can be convicted of Conspiracy
  Underlying offense Mont. NO
• Whartons Rule CL-Yes Mt-No
• CL all must be convictedMt-No

6
SOLICITATION

• CL Command, encourage or request MT Command,
  encourage, or facilitate 45-4-101
• CL-Serious offenses only MT-All
• Some Juris-convict of both solicit. and
  underlying offense Mt-No

7
(No Transcript)