Causation 2 + Attempts + Complicity Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Root facts

A

drag race competitor drove themselves into headfirst collision with truck and died

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Root was originally found ___

A

guilty of involuntary manslaughter for death of his race partner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Root holding

A

Root reckless conduct not sufficient direct cause for competing driver death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Root reasoning

A

(1) other driver acted autonomously
(2) deceased driver aware of danger but chose to swerve anyways

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Atencio facts

A

group of friends playing Russian Roulette. A was the one who passed gun to victim who pulled trigger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Atencio holding

A

conviction affirmed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Atencio says ____ brought about victim’s foolish act

A

concerted action and coop of the defendants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Joint activity rule

A

Acts of two or more people may concurrently be proximate cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Policy behind joint activity rule: Even though the victim ___ they are ___. The act was joint so __

A

may be freely participating in activity that causes their own death, not the only ones responsible, should all be held responsible together

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

If result not foreseeable consequence of conduct then ___ proximate cause

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

If result foreseeable + result of another person’s autonomous conduct then ___ proximate cause

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Factors in determining if consequence of another person’s autonomous conduct

A

(1) fully capable of choosing the outcome
(2) OP final options largely determined by D’s conduct
(3) final result intended by other person or merely risked
(4) joint activity that caused the harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Attempt criminalizes __

A

conduct before completion of the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If D completes the crime, then attempt __

A

goes away

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Attempt is both a ___ crime and a ___ crime

A

specific intent, conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Elements of attempt

A

intent to commit crime + execution of overt act in furtherance (dangerous proximity to committing the crime Rizzo) + failure to consummate the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

retribution justification for punishing attempts

A

some harm to society occurred (sense of security/peace violated)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

rehabilitation justification for punishing attempts

A

D still culpable because external circumstances prevented result (but what if changed mind?_

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

incapacitation justification for punishing attempts

A

stop behavior before it gets worse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

deterrence justification for punishing attempts

A

enable preventative law enforcement

21
Q

McQuirter facts

A

Black man accused of attempting to rape white woman based on police testimony

22
Q

McQuirter holding

A

evidence sufficient to sustain conviction

23
Q

McQuirter shoes the importance of ___

A

overt act requirement

24
Q

McQuirter shows that relying purely on intent ___ AND ___

A

invites police abuse AND seems like punishment for bad thoughts

25
Q

Rizzo facts

A

convicted of attempt to commit robbery. Rode in car with two others who had firearms looking for person planning to rob

26
Q

Rizzo holds the act must ___

A

come or advance very near to the accomplishment of the intended crime

27
Q

Very near to the accomplishment means

A

dangerous proximity to success/reasonable likelihood of accomplishment but for some interference

28
Q

Rizzo says that searching the streets and procuring the car are ___

A

too remote to constitute actus reus of attempt, mere preparations

29
Q

Walter facts

A

exchanged emails with 15 year old discussing sex and agreed to meet up, considered having sex with her

30
Q

Walter holds that state must prove ____

A

BRD that D intended to commit offense + took substantial step towards commission

31
Q

Walter held that there was no evidence ___

A

actually intended to commit the offense (many emails, non-committal, concerned about trouble, agreed to girl and friend being at meeting)

32
Q

Walter says no substantial step because __

A

meeting at public restaurant does not lead to conclusion that sex would occur

33
Q

Walter says _____ don’t equal intent even if ___

A

hope and fantasy, they lead to actions that could make the fantasy come true

34
Q

Complicity is when ___

A

D held liable for someone else’s crime

35
Q

The act requirement for complicity is ___

A

fairly weak

36
Q

Actus reus for complicity can be satisfied just by ___

A

giving encouragement or mere presence

37
Q

Because actus reus easy to satisfy in complicity, the mens rea ___

A

higer, must have purpose, want crime to succeed/have stake in transaction

38
Q

Monroe facts

A

D charged with encouraging assailant by cheering her on as she assaulted the victim

39
Q

Monroe holding

A

conviction uphelf

40
Q

Monroe shows that it ___

A

doesn’t take much to satisfy act requirement of complicity

41
Q

Monroe implies that participation in criminal intent can be ___

A

inferred from mere presence, companionship and conduct before or after offense

42
Q

Peoni facts

A

D sold counterfeit currency to A who sold it to B who was caught.

43
Q

Peoni says can’t be guilty of complicity if ___

A

don’t have knowledge of crime itself

44
Q

Peoni holding

A

D not guilty for B’s possession, didn’t know A sold bills to B

45
Q

Gladstone facts

A

Man hired by police to purchase weed from D. D said didn’t have enough weed but told him to go buy from A and gave A’s address and map. No communication between D and A

46
Q

Gladstone holding

A

D not liable for A’s sale of drugs

47
Q

In Gladstone ____ is met but ___ did not satisfy ___

A

actus reus (D helped A commit crime of selling weed), mens rea (Must want transaction to occur, knowledge of it is not enough)

48
Q

Gladstone says that ______ does not amount to aiding

A

mere communication to the effect that another might or probably would commit criminal offense