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Law 102 > Chapter 4: Incomplete Crimes > Flashcards

Chapter 4: Incomplete Crimes Flashcards

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1
Q

Crimes that involve the intent to commit a specific criminal offense; attempt crimes

A

Incomplete/inchoate crimes

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2
Q

Incomplete crimes offenses:

A

Attempt, solicitation, conspiracy

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3
Q

Attempt: Elements

A
  • MR (specific intent)

- AR (steps toward completing the crime)

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4
Q

Attempt: No action

A

No steps have been taken to engage in crime

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5
Q

Attempt: Mere preparation

A

Minimal, preliminary steps are taken to engage in crime

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6
Q

Attempt: Overt act

A

A clear step taken toward commission of a crime

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7
Q

Attempt: Substantial step

A

Clear, definite actions toward the successful commission of a crime

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8
Q

Attempt: Dangerous proximity

A

Defendant gets very close to committing the intended crime

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9
Q

Attempt: Last act

A

Defendant has taken all steps he or she can to carry out the crime

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10
Q

On “attempt” continuum, an ___ is where an offender’s actions are criminal

A

Overt act

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11
Q

On “attempt” continuum, ___ is not yet deemed criminal

A

Mere preparation

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12
Q

Attempt: Defenses

A
  • Failure of proof
  • Abandonment
  • Impossibility
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13
Q

Attempt: Abandonment

A
  1. Change of mind

2. Voluntary steps to ensure target crime does not take place

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14
Q

Attempt: Factual impossibility test

A

Would the crime have taken place if the facts were as the D believed?

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15
Q

Attempt: Legal impossibility test

A

Was the target offense actually a crime? (where a person has engaged in actions believed to be criminal when in fact they were not)

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16
Q

Solicitation: Elements

A
  • MR: specific intent to commit target crime and gain another person’s participation
  • AR: encourage another person to participate
17
Q

Solicitation vs attempt

A

Solicitation is less serious, punished less severely

18
Q

___ requires substantial step (at least) toward commission

A

Attempt

19
Q

Solicitation vs conspiracy

A

Solicitation is less serious, punished less severely

20
Q

___ requires both parties to agree to commit crime

A

Conspiracy

21
Q

Attempt vs conspiracy

A

Conspiracy may require overt act, which is less than substantial step

22
Q

Solicitation: Defenses

A
  • Failure of proof
  • Abandonment
  • Impossibility
23
Q

Conspiracy: Elements

A
  • MR: specific intent to commit the crime and agree with another to commit the crime
  • AR: agreement with another to commit the crime and overt act in furtherance of the conspiracy
24
Q

Linear arrangement of individuals dependent on others to do their part to advance the criminal goal

A

Chain conspiracy

25
Q

One mastermind makes independent agreements with others; can be prosecuted as one conspiracy only if spokes are aware of each other and have stake in larger enterprise

A

Wheel conspiracy

26
Q

Conspiracy: Defenses

A
  • Failure of proof
  • Abandonment
  • 1st Amendment free speech?
27
Q

___ and ___ merges with both the completed crime and with attempt.

A

Attempt, solicitation

28
Q

___ does NOT merge with the completed crime or with attempt, but it merges with ___, if the solicited party is the one who agreed with the D

A

Conspiracy, solicitation

29
Q

Threats: Elements

A

MR: intent to communicate words with awareness that others would interpret words as a serious expression of intention to carry out the threatened act

30
Q

Threats: Elements

A

AR: making a communication that are reasonable person would interpret as a serious expression of intention to carry out the threatened act

31
Q

Threats: Defense

A

1st Amendment requires “true threat” (communication that the person knows would cause a reasonable fear in others that threat will be carried out)

32
Q

Stalking: Elements

A

Variations in MR

  • D intended to cause fear
  • D was aware that s/he was causing fear (acted with knowledge or recklessness)
  • D should have been aware that s/he was causing fear (was negligent)
33
Q

Stalking: Elements

A

AR: course of conduct (2 or more acts) directed at victim that would cause a reasonable person in the victim’s circumstance to experience fear

Law 102 (9 decks)

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