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Bar Crim COPY > 5) Inchoate crimes > Flashcards

5) Inchoate crimes Flashcards

1
Q

incohate offense: def

A

incomplete crime

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2
Q

incohate offenses: MR

A

PURPOSE / specific intent to commit the target offense

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3
Q

incohate offenses: kinds

A

1) solicitation
2) attempt
3) conspiracy

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4
Q

solicitation: def

A

crime of trying to get someone else to commit your crime

key: communication

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5
Q

attempt: def

A

crime of “almost” committing a crime

key: D crossed line from preparation to perpetration

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6
Q

conspiracy: def

A

crime of planning to commit crime w someone else

key: evidence that D crossed the line from thinking about crime to preparing to commit the crime

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7
Q

solicitation: elements

A

1) inducing/urging another to commit a target offense
2) intent: solicitor must intend that solicitee do the crime
3) offense is complete when solicitaiton is made

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8
Q

solicitation: target offense: CL vs now

A

CL: target crime had to be felony or breach of peace

now: any offense, inc misdemeanors

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9
Q

solicitation: intent

A

specific intent – purpose

that solicitee perform the crim acts (mere approval not enough)

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10
Q

solicitation: offense complete: result

A

when solicitation made

1) can’t withdraw from the solicitation (crime is complete upon communication)
2) no requirement that solicitee commit target offense

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11
Q

solicitation: Merger

A

IF the solicitee DOES commit the target offense, MERGES –> now solicitor is an accomplish to the crime, NOT solicitor

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12
Q

attempt: elements

A

1) specific intent (purpose) to bring about criminal result
2) significant overt act in furtherance of intent that proves D went past the point of preparation and began perpetration

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13
Q

attempt: intent: clarification

A

must have PURPOSE to commit the target offense

t. offense could be specific or general intent crime

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14
Q

attempt: overt act / began perpetration: tests

A

1) CL (strict)
2) MPC
3) proximity test
4) equivocality test

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15
Q

attempt: overt act / began perpetration: CL test

A

D must perform “last act” nec to achieve intended result

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16
Q

attempt: overt act / began perpetration: MPC test

A

substantial step toward commission of crime, that indicates purpose to actually complete the attempt

acts prior to last act are often sufficient

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17
Q

attempt: overt act / began perpetration: proximity test

A

how close in
time +
physical distance D was to the time/place crime was to be committed

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18
Q

attempt: overt act / began perpetration: equivocality test

A

D’s conduct needed to unequivocally indicate that he was going to complete the target offense

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19
Q

attempt: defenses

A

1) abandonment
2) legal impossibility
3) factual impossibility (not!)

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20
Q

attempt: defenses: abandonment: CL vs MPC

A

CL: not a defense once attempt is complete

MPC: complete and VOLUNTARY abandonment = defense

21
Q

attempt: defenses: legal impossibility

A

even if you thought something was a crime, if it really wasn’t, you can’t be convicted of attempt

22
Q

attempt: defenses: factual impossibility

A

NOT A DEFENSE

D would have committed the target offense if facts were as she believed them to be, then guilty of attempt, even if factually impossible to commit the crime (broken gun)

23
Q

conspiracy: elements

A

1) agreement to create unlawful criminal combination btwn 2+ ppl
2) w the intent to agree, + specific intent (purpose) to commit an unlawful act
3) overt act (modern)

24
Q

conspriacy: overt act: CL vs modern

A

CL: agreement itself was crime, no requirement to prove overt act

modern: usu require overt act in furtherance of conspiracy

25
Q

overt act: conspiracy vs attempt

A

conspiracy: can be small – began preparation to commit

attempt must begin PERPETRATION

26
Q

co-conspirator liabiltiy (pinkerton)

A

each co-conspirator is liable for crimes of all other co-conspirators if crimes were:

1) foreseeable outgrwoth of conspiracy (consider nature of agreement) AND
2) committed in furtherance of the conspiratorial goal

27
Q

co-conspirator liability: chain rship ex

A

several crimes committed in one large scheme
each member explicitly or implicitly knows of other parties participation + community of interest
THEN it’s a single conspiracy, all liable for crimes of each other

28
Q

co-conspirator liability: wheel + spoke rship ex

A

if 1 common member (wheel) enters agreements to commit independent crimes w different ppl –> multiple conspiracies, each spoke is connected to the wheel but not to other spkes so NO co-conspirator liability outside of yoru individual conspiracy (multiple conspiracies exist)

29
Q

conspiracy: if 1 conspirator is acquitted: CL vs MPC

A

CL: then other 1 must be acquitted (need 2 guilty)

MPC: ok permit 1 party if the other party is acquitted (or feigned agreement)

30
Q

Wharton rule

A

if target offense as defined requires 2+ ppl as necessary element
THEY cant be cnvicted of conspiracy

exception: but if they had a 3rd person then all 3 are guilty of conspiracy

31
Q

conspiracy: defenses

A

1) withdrawal (CL+MPC)

2) renunciation (MPC only)

32
Q

conspiracy: defenses: withdrawal

A

CL+MPC
complete + voluntary + timely notice to all co-conspirators

result: D not liable for future crimes of co-conspirators, but still liable for conspiracy itself

33
Q

conspiracy: defenses: renunciation

A

MPC only
withdraws + performs affirmative act to thwart success of the conspiracy

affirmative defense to the conspiracy itself (+ to future crimes)

34
Q

accomplice liability: conceptual difference

A

NOT an incohate crime. charged just like the principal. NOT a separate offense.

35
Q

accomplice liability: elements

A

1) does some act that facilitates principal’s commission of crime (or attempt)
2) w PURPOSE (MR) to bring about commission of the crime

36
Q

accomplice liability: intent: exception

A

minority j: enough for a seller to know he is assisting a crime + benefit from the transaction

but usu

37
Q

accomplice liability: facilitates

A
  • -includes encouragement
  • -can be trivial
  • -no requirement that it was essential the crime
38
Q

accomplice liability: scope

A

liable for the crime you purposefully facilitated
AND other crimes committed by principal that are:
reasonably foreseeable outgrowths of primary crime

39
Q

accomplice liability: reasonably foreseeable outgrowths: def

A

objective – not a defense that accomplice did not expect principal to commit the secondary offense

40
Q

accomplice liability: defenses

A

withdrawal (result: cuts you off from future liaibility)

41
Q

accomplice liability: withdrawal CL

A

can withdraw if give principal timely notice + nullify effect of prior act

42
Q

accomplice liability: withdrawal MPC

A

one of these:

1) render prior assistance to perpetrator completely ineffective
2) timely wanr police
3) proper effort to prevent perpetrator from committing crime

43
Q

CL accomplice rules

A

everyone liable for the full crime even accessory after the fact (now not)

44
Q

principal in the first degree

A

trigger-puller

45
Q

principal in second degree

A

aids or abets AND

present at the scene

46
Q

accessory before the fact

A

not present at scene

47
Q

accessory after the fact: elements

A

1) felony was completed
2) accessory knew about the felony
3) accessory personally gave aid to felon to hinder apprehnsion/conviction/punishment

48
Q

merger

A

solicitation: yes
attempt: yes
conspiracy: no

Bar Crim COPY (6 decks)

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