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Criminal Law

Loyola University Chicago, School of Law

Loyola University Chicago Law Journal

Journal

2015

Articles 1 - 2 of 2

Full-Text Articles in Law

Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried Jan 2015

Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried

Loyola University Chicago Law Journal

No abstract provided.


Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch Jan 2015

Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch

Loyola University Chicago Law Journal

There is a long history of disagreement about what the mens rea for complicity is. Some courts take it to be the intention for the underlying crime to succeed while others take mere knowledge of the underlying crime to be sufficient. Still others propose that the mens rea for complicity tracks the mens rea of the underlying crime—the so-called “derivative approach.” However, as argued herein, these familiar approaches face difficulties. Accordingly, we have reason to continue our search for the elusive mens rea for complicity. This Article develops a new account of the mens rea for complicity, drawing on an …