Criminal Law Final
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| Inchoate Crimes | incomplete crimes; includes criminal attempt, criminal conspiracy, and criminal solicitation
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| 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)
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| Attempt Elements | 1. Intent or Purpose to commit a specific (Mens Rea)
2. an act, or acts, to carry out the intent (Actus Reus)
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| 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
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| All but the Last Act | requires that person committed all but the last act necessary to complete the crime
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| Dangerous Proximity to Success | focuses on what actors still have to do to carry out the crime, not on what they've already done
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| Indispensable Element | has actor reached a point where they have control of everything necessary to commit the crime
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| Unequivocality | "act speaks for itself"; would a normal person believe actor intends to commit the specific crime
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| Probable Distance | has actor gone far enough toward completing the crime that it is unlikely they'd turn back
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| 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"
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| Defenses to Attempts | 1.Failure-of-Proof 2. Affirmative Defenses (impossibility, voluntary abandonment)
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| 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
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| 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
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| Conspiracy | the crime of agreeing with one or more people to commit a crime
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| 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)
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| 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.
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| 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
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| 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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