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Criminal FYLSE > Page 9 > Flashcards

Page 9 Flashcards

0
Q

What is the “party dimension” for conspiracy?

A

Considers the number of parties involved and whether there is direct evidence of communication/cooperation between all of them

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1
Q

What are the two dimensions of multiple conspiracy?

A
  1. Party dimension

2. Object dimension

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2
Q

What is the Gerbardi Rule?

A

A person that the law intends to protect cannot be a party to a conspiracy to violate that law. Ie: child workers

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3
Q

What is the object dimension for multiple conspiracy?

A

Considers the objectives encompassed in the conspiracy.

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4
Q

What does the MPC say about multiple conspiracies?

A

Only one conspiracy if:

  • the many crimes are the object of the same agreement, or
  • continuous conspiratorial relationship
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5
Q

What are the factors to be considered when deciding whether there is one conspiracy or several conspiracies?

A 
– 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
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6
Q

What are the two different models for conspiracy?

A
  1. wheel

2. chain

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7
Q

What is the wheel model of conspiracy?

A

Many defendants are the spokes of the wheel and are individual criminal transactions that are linked together by one defendant, the hub

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8
Q

If the spokes of the wheel model of conspiracy are aware of other spokes, what does that say about consent?

A

That shows they consented to the hub’s plan

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9
Q

Illegal horseracing is an example of which model of conspiracy?

A

The wheel model, because all conspirators know about and rely on each other to make it work

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10
Q

What is the chain model for conspiracy?

A

A chain of distribution of some commodity from the initial manufacturer to the ultimate consumer

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11
Q

If participants on opposite ends of the chain model of conspiracy don’t know about each other, is it still a conspiracy?

A

Yes, because even if they don’t know/deal directly with one another, each is necessary to make that plan work

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12
Q

What is attempt?

A

The crime of taking a substantial step to commit another crime with specific intent to do it

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13
Q

Intent requires some activity beyond what?

A

The mere entertainment of a bad thought

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14
Q

Can you attempt an attempt?

A

No

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15
Q

What kind of intent are attempt crimes?

A

Always specific intent

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16
Q

Can involuntary intoxication negate intent to attempt?

A

Yes, because attempt crimes are specific intent crimes

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17
Q

Does transferred intent apply to attempt crimes?

A

Usually no

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18
Q

Does mistake apply to attempt crimes?

A

No

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19
Q

Does merger apply to attempt?

A

Yes because you can’t be convicted of both attempted murder and murder

20
Q

Why do mergers apply to attempt?

A

Because there is no longer attempt once a crime is completed

21
Q

What is the rationale for attempt?

A

The need to stop, deter, and reform people who have unsuccessfully attempted a crime

22
Q

What must the prosecution prove in an attempt crime?

A

The defendant took a substantial step intending to commit the specific crime that he was being accused of attempting

23
Q

How should you always refer to attempt on an exam?

A

With the crime you’re talking about. Ie: attempted murder

24
Q

What states of mind can attempts not be committed by?

A

Recklessness, negligence, strict liability

25
Q

What attempt crimes are impossible?

A

assault, battery, conspiracy, solicitation

26
Q

When does attempted larceny occur?

A

When defendant tries to commit larceny but isn’t able to find or move the goods

27
Q

When is attempted receipt of stolen property impossible?

A

If the police had control of the goods, making them not stolen

28
Q

What is attempted murder?

A

Intent to kill that requires a willful, deliberate, and premeditated act

29
Q

If attempted murder causes death, what degree is that murder?

A

Always 1st degree

30
Q

Is it possible to have attempted manslaughter?

A

No because attempt requires specific intent, and manslaughter comes about in another way

31
Q

What are the most commonly tested attempt crimes?

A

Robbery, murder, receiving stolen property

32
Q

What is the mental state required for attempt?

A

Intent to commit some other crime (A.k.a. specific intent)

33
Q

What two things are required for attempt?

A

Intent to commit the crime, and an act

34
Q

If an HIV-positive defendant rapes a woman, can he be guilty of attempted murder?

A

Not unless he meant to kill her

35
Q

If D just wants to scare the victim or play a joke, can there be attempt?

A

No

36
Q

What is an act for attempt?

A

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

37
Q

Elements of attempt:

A
  • specific intent to commit target crime

- act of perpetration

38
Q

What is required for intent to commit a target crime?

A

Intent to do an act or bring about consequences that would result in a crime

39
Q

What are the two views on specific intent to commit a target crime for attempt?

A
  • 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
40
Q

What are the tests to determine when an act is sufficient for attempt?

A 
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

41
Q

What are the two most important/majority tests to determine when an act is sufficient for attempt?

A
  • Dangerous proximity approach

- Substantial step test

42
Q

What is the dangerous proximity approach?

A

Defendant engaged in the last proximate act (did everything he thought necessary to bring about the criminal result)

43
Q

Under the dangerous proximity approach does the last act have to occur before attempt can be charged?

A

No

44
Q

Would the first dose of poison in an intended slow poisoning be enough to qualify under the dangerous proximity approach?

A

Yes

45
Q

What kinds of things does the dangerous proximity approach take into account?

A
  • gravity of the crime
  • uncertainty of the results
  • seriousness of the apprehension
  • great harm likely to result
46
Q

Why is going into a building with dynamite planning to blow it up enough for attempt?

A

Because of the dangerousness requirement

47
Q

What are the three things that the dangerous proximity approach considers?

A
  • how close D came to completing the crime
  • how much D did
  • how much was left to be done

Criminal FYLSE (52 decks)

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