Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Crim > Inchoate crimes > Flashcards

Inchoate crimes Flashcards

1
Q

Attempt:

A

An attempted crime is a crime that has not been completed, with some overt act towards the completion of the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Attempt Common law (Men’s rea)

A

The specific intent to commit the acts reus, + the intent to actually accomplish the targeted offense ( the crime that the defendant is trying to complete)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Attempt- (MPC AR)

A

The D acts with the purpose or belief that his conduct will cause the prohibited result
Purpose - when the person intended the consequences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Attempt and unintentional crimes

A

A defendant can not attempt an un intentional crime, “recklessness or negligence” no attempted 2nd degree murder bc (depraved heart extreme recklessness)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Attempt AR (MPC)

A

Conduct that constitutes a “substantial step” towards the commission of the crime which proves the actors criminal intent” “ looks at what is already done not what is left to do”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Complete but imperfect attempt

A

The D has done everything to complete the crime but just did not succeed = acts reus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Incomplete attempts-

A

Where the D has done some of the actions to complete the crime but stopped moving forward before doing the crime ( Before shooting the gun and missing, she was stopped by the officer.
Intervening action terminates steps before they are complete, D did everything necessary to do act
Mere preparation is not culpable
Perpetration is culpable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

AR test- Common law
Last act test

A

When a D has completed all the necessary acts but has not finished yet
only applies to complete but imperfect attempt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Res ipsa test

A

The thing alone stands for itself, Look at the D’s actions not his words to see if he was attempting a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Dangerous prox test

A

Only acts which advance very near to the accomplishment of the intended crime, look forward and not backwards
Any act taken in preparation to commit a crime can be said to be “tending” towards its accomplishment, attempt is when conduct is so near the result that the danger of success is very great.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Defenses to attempt - Legal impossibility

A

When a D believes something is a crime and its not actually outlawed, you can raise the defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Factual impossibility

A

Not a defense - a defendant may still be convicted, even if there is a circumstance or fact unknown to the Defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Abandonment and Renunciation (CL)

A

Typically not a defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Abandonment and Renunciation (MPC)

A

The D abandons his efforts to commit the crime or prevents it from happening and his conduct manifest a complete and voluntary renunciation of his criminal purpose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Abandonment and Renunciation (MPC) execption

A

The defense is not available if the Defendant merely responded to unforeseen circumstances that increased his chances of getting caught. or made it more difficult to carry out his plan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Solicitation

A

Enticing, advising, urging or encouraging another to commit the targeted offense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Solicitation AR

A

Invitation, Request, Hire, Encourage, etc. someone to do the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Solicitation (MR)

A

Specific intent, Intent to ask and the purpose to have another commit the targeted offense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Solicitation is complete when:

A

As soon as they ask them to do the targeted offense ( NOT asking to help asking to DO IT FOR YOU)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Defenses to Solicitation

A

Legal Impossibility is a defense.
Factual impossibility is not a defense of solicitation. (tell someone to kill a dead person and actually want them to do it- still guilty of solicitation)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Solicitation and Merger with the target offense:

A

Due to the merger doctrine, you are convicted of the crime if it is completed - Cannot prosecuted with the actual offense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Conspiracy:

A

The crime of agreeing to commit a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Common Law merger for conspiracy

A

the crime and conspiracy do not merge- can be convicted of both if he does both

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

MPC merger for conspiracy

A

if they conspire and actually commit the crime- only convicted of the crime not the conspiracy (agreement to steal one car).
Exception: if they are agreeing to commit more than one offense then you are convicted of one conspiracy and all the crimes you are trying to commit (agreement to steal multiple cars, murder someone, etc.).

25
Q

AR Conspiracy CL

A

Bi lateral - need a meeting of the minds to be criminal culpable (plurality of the agreement) No under cover cops

26
Q

AR MPC Conspiracy

A

Unilateral - Only need one mind to have the mens rea, the other person can be an undercover cop

27
Q

Men’s Rea conspiracy

A

Specific intent to agree and intent to commit the crime, only need to know the essential parts of the agreement

28
Q

Attended circumstance

A

Overt act (MPC), Took some step toward committing the crime to be guilty of the crime. To impose more of an act requirement.

29
Q

Common law (Majority approach)

A

if one individual is acquitted from the conspiracy the other conspirator should be acquitted too. Bilateral agreement needed for conspiracy.
Bilateral Agreement- there must be meeting of the minds

30
Q

MPC minority approach

A

if one individual is acquitted from the conspiracy the other conspirator can still be guilty.

31
Q

Wharton’s Rule: Common Law

A

If a crime requires proof of an agreement to commit the crime, then the D can not be convicted of both the crime and the conspiracy (dueling prosecution)

32
Q

Conspiracy Withdrawal and Renunciation: - Common law

A

Not a complete defense , the D has to completely and voluntarily withdraw from the conspiracy but the defendant is limited and can’t be convicted of any future crimes

33
Q

MPC Conspiracy Withdrawal and Renunciation:

A

Renounce and thwart the purpose of the conspiracy - (Complete affirmative defense) abandon and try to prevent the crime from happening.

34
Q

Wheel Conspiracy

A

Where all the conspirators are tied together by the same middle man, the conspirator’s do not all need to know each other but have a vested interest in each others success and the hub’s success.

35
Q

Chain Conspiracy:

A

It’s one line, all along the same chain of command, they have a single interest/goal and have different position in the conspiracy.

36
Q

Pinkerton Doctrine: CL

A

A defendant who conspires with another person is criminally liable for all substantive offenses committed by the coconspirator in furtherance of the conspiracy, even if the defendant did not know about the coconspirator’s acts and did not assist him in any manner.

37
Q

Pinkerton Doctrine

A

Need to prove:
D is part of conspiracy
Conspiracy is still operative
Offenses are a foreseeable product of conspiracy
Crime must be:
1. A foreseeable outgrowth of the conspiracy and
2. Committed in furtherance of the conspiratorial goal

38
Q

Possible Limitations on Conspiracy Liability:

A

Expiration of Conspiracy : Expires when the goal is accomplished or when all efforts have been abandoned
Statute of Limitations: extends the time of the conspiracy, can be years or decades

39
Q

Possible Limitations on Conspiracy Liability:Impossibly- not a defense

A

If it is impossible to do something, you can still be liable for the conspiracy

40
Q

Possible Limitations on Conspiracy Liability:
Statute:

A

if a member of the class that the statute intends to protect then they are not guilty of the conspiracy. (sex with a minor)

41
Q

Accomplice Liability: (Not an offense)

A

Accomplice liability is not an offense. Accomplice liability is a means to convict the defendant of the target offense.

42
Q

Accomplice Liability:

A

If you help someone commit a crime, you are criminally culpable for the crime

43
Q

Common Law AL
; Principal in the first degree

A

person who commits the crime. Person at the crime who committed the actus reus

44
Q

Accessory at the fact

A

(could by principal in the second degree)= not actually committing the target offense, but they are assisting and at/near the crime scene when it was committed.

45
Q

Accessory before the fact

A

assists in the preparation of the crime and is not present at the crime.

46
Q

Accessory after the fact

A

assist after the crime has been committed
Most jurisdictions do not categorize like

47
Q

CL accomplice liability

A

Accomplice Cannot be Tried Before Principal

Accomplice Cannot Be Convicted if Principal isn’t Convicted

Accomplice Cannot be Convicted of Higher Degree of Crime than Principal (except for homicide principal can kill in a sudden heat of passion- involuntary manslaughter and the accomplice was not acting in a sudden heat of passion- guilty of murder

48
Q

Common law AR (AL)

A

Aiding, and abetting - assistance or presense

49
Q

Common Law
MR: Specific Intent AL

A

Intent to assist the principal with the crime (general) and purpose that the crime be accomplished. (specific)
mere knowledge of the crime is not enough, they must also have the purpose of engaging in the crime- purpose can be established through circumstantial evidence

50
Q

Natural and Probable Consequences Doctrine

A

An accomplice be convicted for any crime you intended and are liable for any crime convicted by the principal that would have been reasonably foreseeable (a natural and probably cause of the crime).

51
Q

MPC: most jurisdictions now: AL

A

Accomplice Can be Tried Before Principal

Accomplice Can be Convicted Even if Principal is Never Convicted

Accomplice Can be Convicted of Higher Degree of Crime than Principal

52
Q

MPC AR for AL

A

“aiding and Abetting”- presence and assistance
Mere presence not enough
Some assistance required (albeit trivial), even if the assistance is not effective.

53
Q

MR MPC for AL

A

Purpose that crime succeed
the accomplice is only liable for the offense that they intended the principal to do, the ones they shares the purpose (no natural and probably consequences doctrine)

54
Q

Limitations of Accomplice Liability: Withdrawal

A

in order to do this and negate your accomplice lability, it has to be more than just abandonment of the effort. Need to do three things:
1. They need to reupdate the crime before completion- tell the principal they do not want to do it and tell the principal they should not do it.,
2. Need to neutralize their earlier assistance, and
3. Do this before it is too late to stop the crime.

55
Q

Limitations of Accomplice Liability: Constitutional Constraints

A

the 8th amendment- cruel and unusual punishment. If the offense of the principal is so far away from the principal’s assistance of the offense, then the 8th amendment bars the conviction

56
Q

Limitations of Accomplice Liability: Protected class

A

criminal statute is designed to protect these individuals and they are accomplices to a crime.
Ex: minor being convicted of child pornography, the victim was sending a picture of themselves to the child.
Ex: an underaged child who engages in statutory rape is within the protected class (underage)

57
Q

Criminal Facilitation

A

allows for criminal liability for mere knowledge that a crime is reasonably foreseeable, (practically certain they are going to do the crime) without the purpose to have the crime succeed, less severe offense than accomplice liability (being charged like the principal)
Ex: someone buys all the items to make a bomb from a store owner, the store owner has a good idea you are making a bomb but does nothing- criminal facilitation.

58
Q
A
59
Q
A

Crim (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions