chapter 6 Flashcards
Back: An act towards committing a crime that fails or is prevented, requiring the act to come dangerously close to completion.
Back: The punishment is typically half that of the completed crime.
Back: Specific intent and a direct but ineffectual act towards the commission of the crime.
Back: No, mere agreement or mere preparation is insufficient to constitute an attempt.
Back: A defense where a person may claim they freely and voluntarily abandoned the act before its final execution.
Back: PC 664, PC 21(a), PC 664/187.
Back: Solicitation is the act of requesting, encouraging, or demanding someone to engage in illegal activity, with the intent that the crime be committed.
Back: The elements include the intent that the person solicited commit the crime and an act of requesting, encouraging, or demanding them to do so.
Back: Perjury is the act of willfully giving false testimony under oath in a judicial proceeding concerning a material matter.
Back: Penalties for perjury can include fines and imprisonment, depending on the jurisdiction and severity of the false testimony.
Back: Subornation of perjury is the crime of persuading someone else to commit perjury.
Back: The elements include persuading someone to lie under oath and the person’s subsequent commission of perjury as a result of that persuasion.
Front: What is a conspiracy?
.
- Back: A conspiracy is an agreement between two or more people to commit a crime, with at least one person taking an overt act in furtherance of the conspiracy
- ## Front: What is an overt act in the context of a conspiracy?
Back: An overt act is an action taken by one or more of the conspirators that furthers the conspiracy. It doesn’t have to be illegal itself, but it must be done to help achieve the goal of the conspiracy.
Back: Wobblers are crimes that can be charged either as a felony or a misdemeanor, depending on the circumstances and the discretion of the prosecutor.
Back: Conspiracy is the agreement and planning to commit a crime, whereas the crime itself is the actual execution of the illegal act.
Front: Can you be charged with conspiracy even if the crime was not completed?
Back: Yes, you can be charged with conspiracy as long as there was an agreement and an overt act was taken in furtherance of the conspiracy, even if the crime was not completed.
Back: Abandonment of a conspiracy occurs when a conspirator withdraws from the conspiracy before any overt act is taken. The withdrawal must be communicated to the other conspirators.
Back: Yes, if a person abandons the conspiracy before any overt act is taken and communicates this withdrawal to the other conspirators, they can avoid liability.
Back: Co-conspirators can be held liable for crimes committed by other members of the conspiracy if those crimes were foreseeable and committed in furtherance of the conspiracy.
