ch. 8 quiz
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| what does inchoate crimes mean | incomplete`
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| what are prepatory offenses? | assault, stalking, and attempt crimes.
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| what are assault, stalking, attempt crimes called? | Incharant crimes
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| what is preemeptive justice? | prevents greater social harm
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| for specific intent crimes/ attempt what does prosecution prove? | mens rea, actus reaus, and failed to commit the crime.
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| what is a perpetrating act. | acuts rea, preparation alone is not sufficent o prove attempt
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| what is dangerous Act Rationale test | the act must come or advance very near to the accomplishment of the intended crime.
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| what is the unequivocal test? | attempt is when defense actions vlearly indicate that D was going o commit the intended crime.
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| what is the substantial steps test? | attempt is whe D takes a substaintial step towards the commission of the cirme.
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| what is not a defense for attempt charges | factual impossibilitity.
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| 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.
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| what are 2 defenses that work | legal imposibiliity, and abandoment.
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| 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
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| 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)
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| when does abandoment NOT work | when D abandomned the plan due to external factor making completion impossible ex: alarm
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| what is conspriacy? | an agreement between 2 or more persons to commit a crime
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| is conspriacy a general or specfic | specific intent crime.
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| 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.
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| 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.
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