Attempt & Conspiracy Flashcards

1
Q

Incomplete attempt

A

Actor does some of the acts they set out to do, but then desist or are prevented from continuing by extraneous factor (police)

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2
Q

Complete attempt

A

Actor does every act planned, but is unsuccessful in producing the intended result (ex; shooting but missing)

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3
Q

Requirements for attempt

A

Specific intent or purpose

Knowledge, acting recklessly or negligently NOT enough

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4
Q

Felony murder and attempt

A

Not a crime because felony murder requires no specific intent, whereas attempt does

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5
Q

Show to stop consipracy

A

Communicate abandonment or communicate with law enforcement the existence of conspiracy

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6
Q

Can you be charged with attempt if backed out of conspiracy?

A

Yes

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7
Q

Requirements of conspiracy (2)

A
  1. Overt act (only one conspirator needs to commit)

2. Mental state (agree to promote or facilitate criminal act)

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8
Q

How to bring in several people when charging attempt

A

Use theory of accomplice liability

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9
Q

What is easier to charge, attempt or conspiracy?

A

Conspiracy

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10
Q

Accomplice Liability

mens rea?

A

Assists in the commission of a criminal offense by

1) Agreeing to assist and/or
2) Actually aiding in the offense

Purposely

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