Inchoate Offenses Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Under North Carolina law, the crime of solicitation is graded as follows
(3)

A
  1. Grade it two classes below the felony solicited for the solicitor
  2. Unless it is a misdemeanor, then it is a misdemeanor (e.g. assault or obstruction of justice~only cases)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

North Carolina Attempt Requirements

3

A
  1. there must be more than mere preparation
  2. the act must have some proximity to the offense
  3. have to intend that the crime is carried out
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Attempted involuntary manslaughter in N.C.?

A

You can have involuntary manslaughter because you intended to kill

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

Attempted second-degree murder in N.C.?

A

none, any attempted murder must be first degree murder

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

If you attempt murder in N.C. it will be

A

attempted 1st degree murder

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

What is required for conspiracy?

A

Shaking hands with co-conspirator; reaching an agreement

≠overt act

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

An “accessory after the fact” is:

A

knowingly assist another to escape after the committing of a crime

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

An “accessory after the fact” is not:

A

an accomplice, only guilty of being an accessory after the fact

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

An accomplice is guilty of?

A

the underlying offense

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

Possession occurs when?

A

∆ has dominion or control

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

In regards to shared habitation or spaces, all the people with control over that shared space will be found in constructive possession over the item(s) if

A

something is found must consider totality of circumstances

-to find constructive possession of controlled substances must who other incriminating circumstances

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