Ch. 9 Inchoate Offenses & Party Liability (E3/FINAL) Flashcards
An incomplete crime that represents an offender’s steps toward committing a crime of greater substance is referred to as…
Inchoate
What degree of intent is required to be convicted of an inchoate crime?
Specific
The act of going “beyond mere preparation.”
What is an overt act?
This test for determining the crime of attempt refers to “how far you’ve come to committing an intended crime.”
What is Substantial Step?
An inchoate crime where an individual, with the intent to actually commit a crime, undertakes an action in furtherance of that crime but ultimately fails.
What is attempt?
This test for determining the crime of attempt refers to “how close you are to completing the intended crime.”
What is Proximity?
What are the 2 types of Proximity Tests?
1) Physical
2) Dangerous
This Proximity Test is the traditional test, referring to what is left for the defendant to do in order to commit the intended crime.
What is Physical Proximity?
This Proximity Test, endorsed in several states, examines how close the defendant is to committing the intended crime, examining factors such as whether the defendant approached the victim, whether all instrumentalities have been obtained, and whether the defendant arrived at the crime scene.
What is Dangerous Proximity?
If all you have to do to kill someone is reach campus, then you will be assessed via…
Physical Proximity
If you have your weapon of choice (e.g., gun) and you’re on the elevator to the 2nd floor of JST (your victim is in Room 214), then you will be assessed via…
Dangerous Proximity
The crime of enticing someone to commit a crime for you.
What is solicitation?
Solicitation usually utilizes an { }, a person/third-party (i.e., middle-man) who is used to solicit others.
Intermediary
Concert in criminal purpose.
What is conspiracy?
The people you’re in concert with for a conspiracy.
What are conspirators?
Describe the premise of Wharton’s Rule using the algebraic variable “n” in regards to conspiracy.
A conspiracy = n + 1 people involved, where n = the minimum # of people it takes to commit a crime.
Theory stating that 2 or more parties must collaborate to constitute a conspiracy.
What is bilateral theory?
Theory permitting the conspiracy conviction of 1 person if they believe an agreement existed and intended to commit a crime.
What is unilateral theory?
Rule stating that a person may not be convicted of conspiracy when all co-conspirators have been acquitted.
What is the Rule of Consistency?
Is the Rule of Consistency rooted in bilateral or unilateral theory?
Bilateral theory ONLY
The act of a defendant voluntarily giving up criminal endeavor.
What is renunciation (voluntary)?
The act of reluctantly giving abandoning intent to commit a crime due to intervening forces/causes.
What is involuntary renunciation?
