Chapter 7 Powerpoint pt.1 Flashcards
What are the three types of Inchoate crimes?
(1) Attempt
(2) Conspiracy
(3) Solicitation
What are the two requirements for conviction of an inchoate crime?
(1) A specific intent or purpose to accomplish a criminal offense
(2) An act to carry out the purpose
What are the three different types of attempt?
(1) complete attempt
(2) incomplete attempt
(3) impossible attempt
_________ (but ________) attempt occurs when an individual takes every act required to commit a crime and yet fails to succeed.
Complete
imperfect
__________ attempt occurs when an individual abandons or is prevented from completing a crime
Incomplete
__________ attempt occurs when an individual makes a mistake
Impossible
Who said: “the purpose and intention to slay another…should be regarded as a murderer and tried for murder.”?
Plato
True or False: Early common law punished attempts
False; Early common law did not punish attempts
_______ law prohibited activities that may result in crimes.
English
Court of Star Chamber began to introduce the concept of _______ in order to discourage escalation of crimes.
attempt
______ of _____ _______ began to introduce the concept of attempt in order to discourage escalation of crimes
Court
Star Chamber
What happened in the Rex v. Scofield case?
The first decision of consequence, Rex v. Scofield, Cald. 397 (1784), held that the defendant was properly charged with a misdemeanor for an unsuccessful attempt to burn down a house.
What happened in the Rex v. Higgins case?
in Rex v. Higgins, 102 Eng. Rep. 269, 275 (K.B. 1801), the court upheld an indictment charging an unsuccessful attempt to steal and stated in broad terms that “all such acts or attempts as tend to the prejudice of the community, are indictable.”
Why punish an act that does not result in the successful commission of a crime?
(1) Retribution
(2) Utility – lesser punishment for attempt provides an incentive for individuals to halt before completing a criminal act
(3) Incapacitation – an individual demonstrated that he or she poses a threat to society
______– lesser punishment for attempt provides an incentive for individuals to halt before completing a criminal act
Utility
___________– an individual demonstrated that he or she poses a threat to society
Incapacitation
________ or “___________” crimes provide that individuals can be convicted and punished for an intent to commit a crime when this intent is accompanied by a significant step toward the commission of the offense.
Inchoate
beginning
Inchoate or “beginning” crimes provide that individuals can be _________ and _________ for an intent to commit a crime when this intent is accompanied by a significant step toward the commission of the offense.
convicted
punished
Inchoate or “beginning” crimes provide that individuals can be convicted and punished for an ______ to commit a crime when this intent is accompanied by a significant step toward the commission of the ________.
intent
offense
What is the difference between attempt, conspiracy, and solicitation?
- Attempt punishes an unsuccessful effort to commit a crime.
- Conspiracy punishes an agreement to commit a crime and an overt act in furtherance of this agreement.
- Solicitation punishes an effort to persuade another individual to commit a crime.
What are the three elements of criminal attempt?
(1) an intent or purpose to commit a crime,
(2) an act or acts toward the commission of the crime
(3) a failure to complete the crime.
_______= step toward the completion of a crime+ specific intent or purpose to commit the crime attempted+ failure to complete the crime
Attempt
Attempt= step toward the completion of a _____+ specific intent or purpose to commit the crime attempted+ failure to complete the crime
crime
Attempt= step toward the completion of a crime+ specific ______ or ________ to commit the crime attempted+ failure to complete the crime
intent
purpose
Attempt= step toward the completion of a crime+ specific intent or purpose to commit the crime attempted+ failure to complete the ______
crime
The _____ ____ of Attempt involves a dual intent.
Mens Rea
The Mens Rea of Attempt involves a _____ ______.
dual intent
What do you need in order to prove the dual intent of ‘mens rea of attempt’?
(1) An individual must intentionally perform acts that are proximate to the completion of a crime.
(2) An individual must possess the specific intent or purpose to achieve a criminal objective.
What happened in the Smallwood v. State case?
- Appellant raped several women while he knew he was infected with the HIV virus. Appellant contests his convictions for attempted murder.
- The attempted murder convictions are reversed. An inference of intent to kill cannot be had solely from the fact that Appellant exposed his victims to the HIV virus.
- Intent to kill may be proved by circumstantial evidence, its presence can be shown by established facts which permit a proper inference of its existence.
- Intent to kill under the proper circumstances can be inferred from the use of a deadly weapon directed at a vital part of the body.
What are the two steps in considering the actus reus of attempt?
(1) determine the legal test to be applied.
(2) apply the legal test to the facts.
What are the two approaches to the actus reus of attempt?
(1) Objective approach to criminal attempt
(2) Subjective approach to criminal attempt
What is the difference between objective and subjective approach to criminal attempt?
- The objective approach to criminal attempt requires an act that comes extremely close to the commission of the crime.
- The subjective approach to criminal attempt focuses on an individual’s intent rather than on his or her acts.
What are the three major legal tests for the actus reus of attempt?
(1) Physical Proximity to the Commission of the Crime
(2) Unequivocality or Clarity of Purpose to Commit a Crime
(3) Model Penal Code or Substantial Step Toward the Commission of a Crime
Which major legal test for actus reus of attempt is this: the defendant’s acts come close to completing the crime. The focus is on the remaining steps required to complete the crime?
Physical Proximity to the Commission of the Crime
Which major legal test for actus reus of attempt is this: without any other information, an ordinary person looking at the defendant’s acts would conclude without a doubt that the defendant intends to commit the crime?
Unequivocality or Clarity of Purpose to Commit a Crime
Which major legal test for actus reus of attempt is this: the defendant’s acts are sufficient to clearly indicate that he or she possesses an intent to commit the crime?
Model Penal Code or Substantial Step Toward the Commission of a Crime
Res ipsa loquitur means?
the thing speaks for itself
