Page 9 Flashcards
What is the “party dimension” for conspiracy?
Considers the number of parties involved and whether there is direct evidence of communication/cooperation between all of them
What are the two dimensions of multiple conspiracy?
- Party dimension
2. Object dimension
What is the Gerbardi Rule?
A person that the law intends to protect cannot be a party to a conspiracy to violate that law. Ie: child workers
What is the object dimension for multiple conspiracy?
Considers the objectives encompassed in the conspiracy.
What does the MPC say about multiple conspiracies?
Only one conspiracy if:
- the many crimes are the object of the same agreement, or
- continuous conspiratorial relationship
What are the factors to be considered when deciding whether there is one conspiracy or several conspiracies?
– time period the acts took place – location of the acts - overlap in personnel – number of overt acts in common – similarity in method of operation – common objectives – degree of interdependence needed for success
What are the two different models for conspiracy?
- wheel
2. chain
What is the wheel model of conspiracy?
Many defendants are the spokes of the wheel and are individual criminal transactions that are linked together by one defendant, the hub
If the spokes of the wheel model of conspiracy are aware of other spokes, what does that say about consent?
That shows they consented to the hub’s plan
Illegal horseracing is an example of which model of conspiracy?
The wheel model, because all conspirators know about and rely on each other to make it work
What is the chain model for conspiracy?
A chain of distribution of some commodity from the initial manufacturer to the ultimate consumer
If participants on opposite ends of the chain model of conspiracy don’t know about each other, is it still a conspiracy?
Yes, because even if they don’t know/deal directly with one another, each is necessary to make that plan work
What is attempt?
The crime of taking a substantial step to commit another crime with specific intent to do it
Intent requires some activity beyond what?
The mere entertainment of a bad thought
Can you attempt an attempt?
No
What kind of intent are attempt crimes?
Always specific intent
Can involuntary intoxication negate intent to attempt?
Yes, because attempt crimes are specific intent crimes
Does transferred intent apply to attempt crimes?
Usually no
Does mistake apply to attempt crimes?
No
Does merger apply to attempt?
Yes because you can’t be convicted of both attempted murder and murder
Why do mergers apply to attempt?
Because there is no longer attempt once a crime is completed
What is the rationale for attempt?
The need to stop, deter, and reform people who have unsuccessfully attempted a crime
What must the prosecution prove in an attempt crime?
The defendant took a substantial step intending to commit the specific crime that he was being accused of attempting
How should you always refer to attempt on an exam?
With the crime you’re talking about. Ie: attempted murder
What states of mind can attempts not be committed by?
Recklessness, negligence, strict liability
What attempt crimes are impossible?
assault, battery, conspiracy, solicitation
When does attempted larceny occur?
When defendant tries to commit larceny but isn’t able to find or move the goods
When is attempted receipt of stolen property impossible?
If the police had control of the goods, making them not stolen
What is attempted murder?
Intent to kill that requires a willful, deliberate, and premeditated act
If attempted murder causes death, what degree is that murder?
Always 1st degree
Is it possible to have attempted manslaughter?
No because attempt requires specific intent, and manslaughter comes about in another way
What are the most commonly tested attempt crimes?
Robbery, murder, receiving stolen property
What is the mental state required for attempt?
Intent to commit some other crime (A.k.a. specific intent)
What two things are required for attempt?
Intent to commit the crime, and an act
If an HIV-positive defendant rapes a woman, can he be guilty of attempted murder?
Not unless he meant to kill her
If D just wants to scare the victim or play a joke, can there be attempt?
No
What is an act for attempt?
An act towards the commission of some offense, or conduct that tends to affect the commission of an act in furtherance of, or a substantial step
Elements of attempt:
- specific intent to commit target crime
- act of perpetration
What is required for intent to commit a target crime?
Intent to do an act or bring about consequences that would result in a crime
What are the two views on specific intent to commit a target crime for attempt?
- CL: D’s behavior must have gotten him in CLOSE PROXIMITY to the target crime
- MPC: D must take a SUBSTANTIAL STEP toward the commission of the target offense with the specific intent of committing it
What are the tests to determine when an act is sufficient for attempt?
SLID UP S --> substantial step test L --> last step test I --> indispensable element approach D --> dangerous proximity test
U –> unequivocality test
P –> probable desistance approach
What are the two most important/majority tests to determine when an act is sufficient for attempt?
- Dangerous proximity approach
- Substantial step test
What is the dangerous proximity approach?
Defendant engaged in the last proximate act (did everything he thought necessary to bring about the criminal result)
Under the dangerous proximity approach does the last act have to occur before attempt can be charged?
No
Would the first dose of poison in an intended slow poisoning be enough to qualify under the dangerous proximity approach?
Yes
What kinds of things does the dangerous proximity approach take into account?
- gravity of the crime
- uncertainty of the results
- seriousness of the apprehension
- great harm likely to result
Why is going into a building with dynamite planning to blow it up enough for attempt?
Because of the dangerousness requirement
What are the three things that the dangerous proximity approach considers?
- how close D came to completing the crime
- how much D did
- how much was left to be done
