CRM/LAW C144 Chapter Notes - Chapter PEOPLE V LUPARELLO: Mens Rea, Consistency
20 Jun 2017
School
Department
Course
Professor
Document Summary
Underlying facts, the actual crime that took place. Defendant wanted to locate terri, his former lover who had deserted him to marry another. Luparello apparently, and lured martin outside: thereupon one of their group, waiting in a car, shot and killed martin. The trial court charged the jury with several different theories by which luparello"s guilt for first degree murder could be affixed; among these were aiding and abetting. As luparello views it, the theory works to presume conclusively that the accomplice shares the perpetrator"s intent: luparello errs when he concludes the perpetrator and the accomplice must. Share an identical intent to be found criminally responsible for the same crime. Technically, only the perpetrator can (and must) manifest the mens rea of the crime committed. Accomplice liability is premised on a different or, more appropriately, an equivalent mens rea. This equivalence is found in intentionally encouraging or assisting or influencing the nefarious act.
