Abbott Moon Brief Template

  • Facts: date, time, location, people involved, circumstances, motivations, consequences etc.


  • Issue: “The issue for determination is whether a participant in a high-speed automobile race on a public highway is subject to criminal liability when another participant’s car is involved in an accident which results in the death of a third-person.”


  • Holding: Yes, “Moon while acting with the culpable mental state of criminal negligence gave assistance or encouragement to Abbott to engage in conduct dangerous to life.”


  • Analysis: “…accessorial liability … attach[es] for criminally negligent homicide …[when] the accessory shares the requisite culpable mental state for the crime and intentionally aids in its commission.”