Attempt & Conspiracy Flashcards
Incomplete attempt
Actor does some of the acts they set out to do, but then desist or are prevented from continuing by extraneous factor (police)
Complete attempt
Actor does every act planned, but is unsuccessful in producing the intended result (ex; shooting but missing)
Requirements for attempt
Specific intent or purpose
Knowledge, acting recklessly or negligently NOT enough
Felony murder and attempt
Not a crime because felony murder requires no specific intent, whereas attempt does
Show to stop consipracy
Communicate abandonment or communicate with law enforcement the existence of conspiracy
Can you be charged with attempt if backed out of conspiracy?
Yes
Requirements of conspiracy (2)
- Overt act (only one conspirator needs to commit)
2. Mental state (agree to promote or facilitate criminal act)
How to bring in several people when charging attempt
Use theory of accomplice liability
What is easier to charge, attempt or conspiracy?
Conspiracy
Accomplice Liability
mens rea?
Assists in the commission of a criminal offense by
1) Agreeing to assist and/or
2) Actually aiding in the offense
Purposely