Friday, September 14, 2012

People v. Luparello case brief

  • People v. Luparello: Luparello tried to locate his former lover through Martin, a friend of the former lover’s current husband. D told his friends that he wanted the information at any cost. After Martin failed to provide the information sought, D’s friends, without D present, lured Martin outdoors and killed him. D was charged and convicted of murder. D appeals but judgment is affirmed - defendant liable for the unplanned and unintended act of co-conspirators!
    • A person is liable for the unplanned and unintended acts of co-conspirators that are the natural, probable, and foreseeable consequences of his assistance.
    • Accomplice liability does not require an identical intent, but “an equivalent mens rea.” Thus, liability is extended to cover the actual crime committed as opposed to the actual crime intended.
      • As long as the accomplice has a culpable mens rea and assists or encourages the perpetrator to act on that mens rea, then any further reasonable foreseeable acts committed by the perpetrator can form the basis of liability against the accomplice.
      • Accomplice liability is a specific intent crime - You have to have a purpose. Luparello does not eliminate that basic requirement.

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...