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ch. 8 quiz

what does inchoate crimes mean incomplete`
what are prepatory offenses? assault, stalking, and attempt crimes.
what are assault, stalking, attempt crimes called? Incharant crimes
what is preemeptive justice? prevents greater social harm
for specific intent crimes/ attempt what does prosecution prove? mens rea, actus reaus, and failed to commit the crime.
what is a perpetrating act. acuts rea, preparation alone is not sufficent o prove attempt
what is dangerous Act Rationale test the act must come or advance very near to the accomplishment of the intended crime.
what is the unequivocal test? attempt is when defense actions vlearly indicate that D was going o commit the intended crime.
what is the substantial steps test? attempt is whe D takes a substaintial step towards the commission of the cirme.
what is not a defense for attempt charges factual impossibilitity.
what is a factual impossibility. D set out to commit a crime but was foiled due to an extraneaous circumstance. ex: victum was not in bed when D fired a shot.= attempted murder, or wallet was not in the pocket = attempted pick pocketing.
what are 2 defenses that work legal imposibiliity, and abandoment.
what is legal impossibility. D though she was commiting a crime, But what D did was NOT a crime. ex: D smuggles gum into the Us. D though it was banned in the US
what is abandoment works as a defense when the D abandoned the plan to commit the crime due to her own internal decision ( she had a change of heart)
when does abandoment NOT work when D abandomned the plan due to external factor making completion impossible ex: alarm
what is conspriacy? an agreement between 2 or more persons to commit a crime
is conspriacy a general or specfic specific intent crime.
does conspriacy need to be written? no it does not. sufficint to show that the conspirators knowingly engaged in a mutual plan to commit a crime.
what is solicitation to counsel, incite or solicit anouther to commit a crime. with the specic intent that the person solicited commit the crime. solicitation is still a crime even thoughthe crime counseled was not committed.
Created by: pinkkat4