Chapter 7 terms Flashcards
an individual who completely and voluntarily renouces his or her criminal purpose is not liable for an attempt.
abandonment
an intent or purpose to commit a crime, an act or acts toward the commissin of the crime, and a failure to commit the crime
attempt
there must be an agreement between at least two persons with the intent to achieve a common criminal objective
bilateral
a conspracy in which individuals are linked in a vertical chain to achieve a criminal objective
chain conspiracy
an individual takes every act required to commit a crime and fails to succeed
complete attempt
an agreement to commit a crime. Varous state statues require an overt act in furtherance of this purpose
conspiracy
comprises an intent or purpose to commit a crime, an act or acts toward the commission of the crime, and a failure to commit the crime.
criminal attempt
a circumstance that is not created by a defendant that prevents the completion of a criminal act
extraneous factor
a criminal act is prevented from being completed because of an extraneous factor
factual impossiblity
an individual who is excluded from liability under a criminal stature may not be held legally liable as a conspirator to violate the law
Gerbardi rule
attempts. conspiracy, and solicitation. Each requires a specific purpose to accomplish a criminal objective and an act in furtherance of the intent. These offenses are punished to the same extent or to a lesser extent than the target crime
inchoate crimes
an individual abandons or is prevented from completing an attempt due to an extraneous or intervening factor
incomplete attempt
an act that is incapable of achieving the desiring result
inherent impossiblity
common law approach to attempt that requires the last step to the completion of a crime
last step approach
the defense that an individual’s act does not constitute a crime as a matter of law
legal impossiblity
requires an act that is very close to the completion of the crime
objective approach to criminal attempt
an overt act in furtherance of an agreement is required under most modern conspiracy statutes
overt act
an act constituting an attempt must be physically proximate to the completion of the crime
physical proximity test
a conspiracy requires an agreement between two or more parties
plurality requirement test
acts taken to prepare for committing a crime
preparation
“the thing speaks for itself.” A test for attempt that asks whether an ordinary individual observing the acts of another would conclude that the individual intends to commit a crime
res ipsa loquitur
a written or spoken statement in which an individual intnetionally advises, requests, counsels, commands, hires, encourages, or incites another person to commit a crime with the purpose that the other individual commit the crime
solicitation
requires an act toward the commission of a crime that is sufficient to establish a criminal intent. The act is not required to be proximate to the completion of the crime.
subjective approach to criminal intent
the Model Penal Code approach to determining attemot. There must be a clear step toward the commissino of a crime that is not required to be immediately proximate to the crime itself. The act must be committed under circumstances strongly corroborative of an intent to commit a crime
substantial step test
a test for attempt that asks whether an ordinary individual observing a person’s acts would determine that the person intends to commit a crime
unequivocality test
an individual with the intent to enter into a conspirational agreement is guilty regardless of the intent of the other party
unilateral
a conspiracy in which a single individual or individuals serve as a hub that’s connected to various individuals or spokes
wheel conspiracy
an agreement by two persons to engage in a criminal act that requires the involvement of two persons cannot constitute a conspiracy
Wharton’s rule
