Crim4
Terms
undefined, object
copy deck
- Define inchoate crimes.
- A criminal act that goes beyond mere though but occurs before the substantive criminal act is completed. Also called preparatory crime.
- What is the purpose of making these crimes criminal?
- To prevent a defendant from committing the substantive crime that is the objective of the inchoate act.
- List the three reasons for making these acts criminal.
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2)Law enforcement agencies must be able to intervene prior to the commission of a substantive crime. By making these acts criminal in nature the courts have jurisdiction.
2)Predatory acts indicate that the defendant is inclined to commit a crime, There must be a basis for intervention to stop this process.
3)Such acts should not go unpunished simply because the defendant was unable to finish the act. This would be an injustice to society. - Define and list the element of attempt.
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A specific intent to commit a substantive crime, coupled with an act in furtherance of that intended that goes beyond mere preparation.
1) The specific intent to commit a crime.
2) An act or conduct to carry out the intent to commit the specific crime that goes beyond mere preparation. - Distinguish between preparation and perpetration.
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Preparation: The defendant has not completed all planned acts and for that reasons has failed to accomplish the substantive crime.
Perpetration: The defendant has completed all planned acts but has failed to accomplish the substantive crime. - What is the probable distance test?
- Would the defendant have stopped his conduct in committing the crime, given the action he has already completed, absent outside intervening factors?
- Dangerous persons vs. dangerous act approach.
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1)The essence of the offense is dangerous people rather than dangerous acts.
2)Placing the emphasis on what the defendant has already done rather than on what remains to be accomplished. - Legal vs. factual impossibility.
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1)Legal impossibility: A defendant cannot be punished for attempting to do something that is not a crime.
2)Factual impossibility: A defendant can be found guilty of the crime of attempt even if it was factually impossible for her to commit the crime. -
U.S. vs. Dean
Old Bank Robber -
1)Mere intention does not amount of attempt
2)Dean went beyond mere intention - Define and list the elements of solicitation.
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Asking, encouraging, or soliciting another person to commit a crime, with the intent that the substantive crime will be committed by the other person.
1) The intent that another party commit the crime.
2)Asking, encouraging, or requesting another party to commit a crime. - When is the crime of solicitation complete?
- The crime is complete even if the defendant fails to communicate the solicitation to another party effectively.
- Define and list the elements of conspiracy.
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An agreement between two or more parties for the purpose of achieving an unlawful objective or lawful objective by an unlawful means, where one of the parties to the agreement commits an overt act.
1) An agreement between two or more persons
2) With specific intent (for the purpose of)
3) Achieving an unlawful objective or achieving a lawful objective in an unlawful manner
4) The commission of an overt act in furtherance of the conspiracy - What is the liability for the acts of co-conspirators?
- The defendant and each member of the conspiracy are liable fro all crimes committed by each member of the conspiracy, where it was reasonably foreseeable result of the conspiracy and done in furtherance of it.
- Must there be two defendants to get a conviction for conspiracy?
- Since conspiracy requires an agreement by the defendant, not with the defendant the MPC allows the conviction of a single defendant.
- Define and list the elements of accomplice and accessory.
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Accessory: One who, after an offense has been committed, aids, conceals, or warns a principle with the intent that the principal avoids arrest, persecution, conviction or punishment for the crime.
1) After a crime has been committed
2) Aids, conceals or warns a principle
3)with the intent that the principal avoids arrest, persecution, conviction or punishment
Accomplice: On who, with the purpose of promoting or assisting in the commission of the offense, aids, agrees to aid, or attempts to aid in planning or committing the offense; or having a duty to prevent the offense, fails to do so.
1) With the intent of assisting in the commission of a crime
2) Solicits, aids, or assists another in committing the crime or, having a duty to prevent the crime, fails to use reasonable efforts to do so - State vs. Chism
- A trier of fact could have reasonably found that he acted voluntarily and not out of fear when he aided Lloyd in several ways and believed doing so would result in Lloyd avoiding arrest, trial, conviction or punishment.