Chapter 7 Powerpoint pt.3 Flashcards
What are the two major structures of conspiracies?
(1) chain conspiracy
(2) circle or wheel conspiracy
Which court case embodied the chain conspiracy ‘structure of conspiracies’?
United States v. Bruno
Which major structure of conspiracies is this: Involves communication and cooperation by individuals linked together in a vertical chain to achieve a criminal objective
Chain conspiracy
Which major structure of conspiracies is this: Typically arises in the distribution of narcotics and other contraband
Chain conspiracy
Which major structure of conspiracies is this: Involves a single person or group that serves as a hub, or common core, connecting various independent individuals or spokes
Circle or Wheel conspiracy
Which major structure of conspiracies is this: Spokes interact with the hubs rather than with one another
Circle or Wheel conspiracy
Which two cases displayed the Circle or Wheel conspiracy?
(1) Kotteakos v. United States
(2) State v. McLaughlin
What happened in the Kotteakos v. United States case?
Wheel conspiracy where each spoke is independent of all the other spokes and are not concerned with the success of other spokes – multiple conspiracies
What happened in the State v. McLaughlin case?
Wheel conspiracy where the success of the whole depends on the success of each spoke – single conspiracy
The ___ ________ ______ recognized the danger that broadly defined conspiracy statutes may fail to inform citizens of the acts that are prohibited and may provide the police, prosecutors, and judges with broad discretion in bringing charges
U.S. Supreme Court
The U.S. Supreme Court recognized the danger that broadly defined _________ _______ may fail to inform citizens of the acts that are prohibited and may provide the police, prosecutors, and judges with broad _________ in bringing charges
conspiracy statutes
discretion
The U.S. Supreme Court recognized the danger that broadly defined conspiracy statutes may fail to inform _______ of the acts that are prohibited and may provide the _______, __________, and _______ with broad discretion in bringing charges
citizens
police
prosecutors
judges
________ ______ provides that an agreement by two persons to commit a crime that requires the voluntary and cooperative action of two persons cannot constitute a conspiracy.
Wharton’s Rule
_________ _____ provides that an individual who is in a class of persons that are excluded from criminal liability under a statute may not be charged with a conspiracy to violate the same law.
Gebardi Rule
__________ constitutes a powerful and potential tool for prosecuting and punishing defendants.
Conspiracy
Conspiracy constitutes a powerful and potential tool for __________ and _________ defendants.
prosecuting
punishing
Conspiracy constitutes a powerful and potential tool for prosecuting and punishing __________.
defendants
In 1970, Congress passed the _________ __________ and _______ ___________ Act (RICO) – holds defendants responsible for all acts of racketeering undertaken as part of an “enterprise”.
Racketeer Influenced
Corrupt Organizations
In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations Act (RICO) – holds defendants responsible for all acts of ___________ undertaken as part of an “_________”.
racketeering
“enterprise”
When did Congress pass the Racketeer Influenced and Corrupt Organizations Act (RICO)?
1970
__________ is defined as commanding, hiring, or encouraging another person to commit a crime.
Solicitation
A number of states do not have __________ statutes and continue to apply the common law of solicitation.
solicitation
A number of states do not have solicitation statutes and continue to apply the ________ ____ of solicitation.
common law
Some punish solicitation of all crimes, and others limit solicitation to ______, particular ______, or certain ________ of felonies.
felonies
felonies
classes
A solicitor depends on the efforts of _______, and simply approaching another person to commit a crime does not present a ______ danger.
others
social
A ________ depends on the efforts of others, and simply approaching another person to commit a crime does not present a social danger.
solicitor
__________ involves a written or spoken statement in which an individual intentionally advises, requests, counsels, commands, hires, encourages, or incites another person to commit a crime with the purpose that the other person commit the crime.
Solicitation
Solicitation involves a _______ or _______ statement in which an individual intentionally advises, requests, counsels, commands, hires, encourages, or incites another person to commit a crime with the purpose that the other person commit the crime.
written
spoken
The _____ ____ of solicitation requires a specific intent or purpose that another individual commit a crime.
mens rea
The ______ ____ of solicitation requires an effort to get another person to commit a crime. A variety of terms are used to describe the required act, including command, encourage, and request.
actus reus
The actus reus of solicitation requires an effort to get another person to commit a crime. A variety of terms are used to describe the required act, including ________, _________, and _______.
command
encourage
request
What happened i the Rex v. Higgins case?
The principle enunciated in Higgins was quickly accepted by courts and commentators, and it was soon considered settled that an attempt to commit either a felony or a misdemeanor was itself indictable as a crime.
Why punish solicitation?
(1) Cooperation among criminals
(2) Social danger
(3) Intervention
___________ ______ ________ – individuals typically encourage and support one another, which creates a strong likelihood that the crime will be committed
Cooperation among criminals
_______ _______ – an individual who is sufficiently motivated to enlist the efforts of a skilled professional criminal clearly poses a continuing danger
Social danger
___________– solicitation permits the police to intervene before a crime is fully implemented. The police should not be placed in the position of having to wait for an offense to occur before arresting individuals intent on committing a crime
Intervention
True or False: Crime is complete the moment the statement requesting another to commit a crime is made
True
True or False: Only direct solidation can be considered a crime
False; Solicitation may be direct or indirect.
True or False: Jokes and other instances where there is no intent to actually encourage another to commit a crime is sufficient
False; Jokes and other instances where there is no intent to actually encourage another to commit a crime is not sufficient
Under the _______ ______ _____, solicitation needs to actually be communicated.
Model Penal Code
Under the Model Penal Code, solicitation needs to actually be ___________.
communicated
True or False: A person is guilty of solicitation even if the individual being solicited rejected the offer or accepts the offer but does not commit the crime
True
What happened in the State v Cotton case in 1990?
- Cotton was charged with the crime of engaging in sexual conduct with his step-daughter.
- While in prison, Cotton wrote two letters to his wife, telling her to convince his step-daughter not to testify against him.
- He instructed his wife to offer his step-daughter money to leave the state and to tell her that testifying would likely place the step-daughter in the news.
- Unknown to Cotton, his cellmate intercepted the first letter and turned it over to the authorities. He never mailed the second letter.
- Cotton was charged with two counts of criminal solicitation and convicted.
