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Criminal Law Ch 8
Criminal Law Final
| Term | Definition |
|---|---|
| Inchoate Crimes | incomplete crimes; includes criminal attempt, criminal conspiracy, and criminal solicitation |
| Attempt | common law-"a miss is as good as a mile"; elements: mens rea (intent/purpose to commit a specific crime) + actus reus (an act, or acts, to carry out the intent) |
| Attempt Elements | 1. Intent or Purpose to commit a specific (Mens Rea) 2. an act, or acts, to carry out the intent (Actus Reus) |
| Proximity tests for Attempts | 1.All but the Last Act(strictest rule) 2.Dangerous Proximity to Success 3.Indispensable element 4.Unequivocally(act speaks for itself) 5.Probable Distance |
| All but the Last Act | requires that person committed all but the last act necessary to complete the crime |
| Dangerous Proximity to Success | focuses on what actors still have to do to carry out the crime, not on what they've already done |
| Indispensable Element | has actor reached a point where they have control of everything necessary to commit the crime |
| Unequivocality | "act speaks for itself"; would a normal person believe actor intends to commit the specific crime |
| Probable Distance | has actor gone far enough toward completing the crime that it is unlikely they'd turn back |
| MPC "Substantial Steps" | requires actor has taken enough steps toward completing the crime to prove that they are determined to commit it. Elements: 1. "substantial steps" toward completion of crime 2. steps that "strongly corroborate the actor's criminal purpose" |
| Defenses to Attempts | 1.Failure-of-Proof 2. Affirmative Defenses (impossibility, voluntary abandonment) |
| Impossibility Defenses | Legal impossibility-when the criminal law does not ban what they did (legal impossibility 2 commit a crime that doesn't exist)Factual Impossibility-intends& tries to commit but it is physically impossible due to some fact or circumstance unknown 2 them |
| Voluntary Abandonment Defense | defendants who voluntarily and completely renounce their criminal purpose can avoid liability;not voluntary or complete if motivated by: a circumstance that increases the prob. of detection/apprehension; a decision to postpone or substitute another victim |
| Conspiracy | the crime of agreeing with one or more people to commit a crime |
| Conspiracy Elements | 1. actus reus a)agreement to commit crime; and b) an overt act in furtherance of that agreement 2. Mens Rea a)intent to make agreement; and b)intent to achieve the criminal objective 3. concurrence (intent has to trigger the agreement) |
| Conspiracy Actus Reus | The Agreement- facts and circumstances that point to an unspoken understanding b/w conspirators is good enough The overt Act- require an act to further the agreement. The act may be of very small significance. |
| Solicitation | The crime of trying to get someone else to commit a crime; crime is complete the instant the solicitor communicates the solicitation to the other person |
| Solicitation Elements | 1.Actus-acts include some inducement to commit the crime. act is the effort 2 get another to commit the crime 2.Mens-requires words that convey the purpose is 2 get another 2 commit crime 3.Concurrence(specific intent mus trigger the act of inducement) |
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