Inchoate Crimes Flashcards

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1
Q

Attempt Reqs (Common Law/ Minority)

A

Mens Rea = intent to commit crime

Actus Reus = Dangerous-proximity test – performs act sufficiently close to completing target offense
==> so close that target offense is essentially unstoppable

look for overt act does not satisfy DP Test

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2
Q

Attempt Reqs (MPC/ Majority)

A

Mens Rea = intent to commit crime

Actus Reus = Substantial-step test – engages in conduct that exceeds mere preparation & strongly corroborates criminal intent

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3
Q

General Attempt Def

A

Attempt requires proof that the defendant

(1) had the specific intent to commit a crime,
(2) performed an overt act in furtherance of the intended crime, but
(3) did not complete it.

Not about elements of underlying offense… its about intent + act

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4
Q

Solicitation

A

Common-law solicitation occurs when a defendant
(1) entices, encourages, or commands another to commit a crime
(2) with the specific intent that the person commit that crime.

Solicited party need not agree to commit crime

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5
Q

Conspiracy

A
  1. MPC/ Majority: 1 guilty mind + overt act
  2. CL/ Minority: 2 guilty minds

Guilty mind = SI to commit crime

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6
Q

Attempt Defense

A

Most jurisdictions recognize abandonment as a defense to attempt when a person completely and voluntarily turns away from a crime before completing it.

**Abandonment is not voluntary if it is motivated by:
**
1. a desire to avoid detection
2. a decision to delay the commission until a more favorable timeor
3. the selection of another similar objective or victim.

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