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Criminal Law Ch 8

Criminal Law Final

TermDefinition
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)
Created by: 763668857