Chapter 7 Powerpoint pt.1

Question 1

What are the three types of Inchoate crimes?

Answer 1

(1) Attempt
(2) Conspiracy
(3) Solicitation

Question 2

What are the two requirements for conviction of an inchoate crime?

Answer 2

(1) A specific intent or purpose to accomplish a criminal offense
(2) An act to carry out the purpose

Question 3

What are the three different types of attempt?

Answer 3

(1) complete attempt
(2) incomplete attempt
(3) impossible attempt

Question 4

_________ (but ________) attempt occurs when an individual takes every act required to commit a crime and yet fails to succeed.

Answer 4

Complete

imperfect

Question 5

__________ attempt occurs when an individual abandons or is prevented from completing a crime

Answer 5

Incomplete

Question 6

__________ attempt occurs when an individual makes a mistake

Answer 6

Impossible

Question 7

Who said: “the purpose and intention to slay another…should be regarded as a murderer and tried for murder.”?

Answer 7

Plato

Question 8

True or False: Early common law punished attempts

Answer 8

False; Early common law did not punish attempts

Question 9

_______ law prohibited activities that may result in crimes.

Answer 9

English

Question 10

Court of Star Chamber began to introduce the concept of _______ in order to discourage escalation of crimes.

Answer 10

attempt

Question 11

______ of _____ _______ began to introduce the concept of attempt in order to discourage escalation of crimes

Answer 11

Court

Star Chamber

Question 12

What happened in the Rex v. Scofield case?

Answer 12

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.

Question 13

What happened in the Rex v. Higgins case?

Answer 13

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.”

Question 14

Why punish an act that does not result in the successful commission of a crime?

Answer 14

(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

Question 15

______– lesser punishment for attempt provides an incentive for individuals to halt before completing a criminal act

Answer 15

Utility

Question 16

___________– an individual demonstrated that he or she poses a threat to society

Answer 16

Incapacitation

Question 17

________ 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.

Answer 17

Inchoate

beginning

Question 18

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.

Answer 18

convicted

punished

Question 19

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 ________.

Answer 19

intent

offense

Question 20

What is the difference between attempt, conspiracy, and solicitation?

Answer 20

• 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.

Question 21

What are the three elements of criminal attempt?

Answer 21

(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.

Question 22

_______= step toward the completion of a crime+ specific intent or purpose to commit the crime attempted+ failure to complete the crime

Answer 22

Attempt

Question 23

Attempt= step toward the completion of a _____+ specific intent or purpose to commit the crime attempted+ failure to complete the crime

Answer 23

crime

Question 24

Attempt= step toward the completion of a crime+ specific ______ or ________ to commit the crime attempted+ failure to complete the crime

Answer 24

intent

purpose

Question 25

Attempt= step toward the completion of a crime+ specific intent or purpose to commit the crime attempted+ failure to complete the ______

Answer 25

crime

Question 26

The _____ ____ of Attempt involves a dual intent.

Answer 26

Mens Rea

Question 27

The Mens Rea of Attempt involves a _____ ______.

Answer 27

dual intent

Question 28

What do you need in order to prove the dual intent of ‘mens rea of attempt’?

Answer 28

(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.

Question 29

What happened in the Smallwood v. State case?

Answer 29

• 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.

Question 30

What are the two steps in considering the actus reus of attempt?

Answer 30

(1) determine the legal test to be applied.

(2) apply the legal test to the facts.

Question 31

What are the two approaches to the actus reus of attempt?

Answer 31

(1) Objective approach to criminal attempt

(2) Subjective approach to criminal attempt

Question 32

What is the difference between objective and subjective approach to criminal attempt?

Answer 32

• 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.

Question 33

What are the three major legal tests for the actus reus of attempt?

Answer 33

(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

Question 34

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?

Answer 34

Physical Proximity to the Commission of the Crime

Question 35

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?

Answer 35

Unequivocality or Clarity of Purpose to Commit a Crime

Question 36

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?

Answer 36

Model Penal Code or Substantial Step Toward the Commission of a Crime

Question 37

Res ipsa loquitur means?

Answer 37

the thing speaks for itself