Chapter 4: Incomplete Crimes

Question 1

Crimes that involve the intent to commit a specific criminal offense; attempt crimes

Answer 1

Incomplete/inchoate crimes

Question 2

Incomplete crimes offenses:

Answer 2

Attempt, solicitation, conspiracy

Question 3

Attempt: Elements

Answer 3

• MR (specific intent)

- AR (steps toward completing the crime)

Question 4

Attempt: No action

Answer 4

No steps have been taken to engage in crime

Question 5

Attempt: Mere preparation

Answer 5

Minimal, preliminary steps are taken to engage in crime

Question 6

Attempt: Overt act

Answer 6

A clear step taken toward commission of a crime

Question 7

Attempt: Substantial step

Answer 7

Clear, definite actions toward the successful commission of a crime

Question 8

Attempt: Dangerous proximity

Answer 8

Defendant gets very close to committing the intended crime

Question 9

Attempt: Last act

Answer 9

Defendant has taken all steps he or she can to carry out the crime

Question 10

On “attempt” continuum, an ___ is where an offender’s actions are criminal

Answer 10

Overt act

Question 11

On “attempt” continuum, ___ is not yet deemed criminal

Answer 11

Mere preparation

Question 12

Attempt: Defenses

Answer 12

• Failure of proof
• Abandonment
• Impossibility

Question 13

Attempt: Abandonment

Answer 13

1. Change of mind

2. Voluntary steps to ensure target crime does not take place

Question 14

Attempt: Factual impossibility test

Answer 14

Would the crime have taken place if the facts were as the D believed?

Question 15

Attempt: Legal impossibility test

Answer 15

Was the target offense actually a crime? (where a person has engaged in actions believed to be criminal when in fact they were not)

Question 16

Solicitation: Elements

Answer 16

• MR: specific intent to commit target crime and gain another person’s participation
• AR: encourage another person to participate

Question 17

Solicitation vs attempt

Answer 17

Solicitation is less serious, punished less severely

Question 18

___ requires substantial step (at least) toward commission

Answer 18

Attempt

Question 19

Solicitation vs conspiracy

Answer 19

Solicitation is less serious, punished less severely

Question 20

___ requires both parties to agree to commit crime

Answer 20

Conspiracy

Question 21

Attempt vs conspiracy

Answer 21

Conspiracy may require overt act, which is less than substantial step

Question 22

Solicitation: Defenses

Answer 22

• Failure of proof
• Abandonment
• Impossibility

Question 23

Conspiracy: Elements

Answer 23

• MR: specific intent to commit the crime and agree with another to commit the crime
• AR: agreement with another to commit the crime and overt act in furtherance of the conspiracy

Question 24

Linear arrangement of individuals dependent on others to do their part to advance the criminal goal

Answer 24

Chain conspiracy

Question 25

One mastermind makes independent agreements with others; can be prosecuted as one conspiracy only if spokes are aware of each other and have stake in larger enterprise

Answer 25

Wheel conspiracy

Question 26

Conspiracy: Defenses

Answer 26

- Failure of proof - Abandonment - 1st Amendment free speech?

Question 27

___ and ___ merges with both the completed crime and with attempt.

Answer 27

Attempt, solicitation

Question 28

___ does NOT merge with the completed crime or with attempt, but it merges with ___, if the solicited party is the one who agreed with the D

Answer 28

Conspiracy, solicitation

Question 29

Threats: Elements

Answer 29

MR: intent to communicate words with awareness that others would interpret words as a serious expression of intention to carry out the threatened act

Question 30

Threats: Elements

Answer 30

AR: making a communication that are reasonable person would interpret as a serious expression of intention to carry out the threatened act

Question 31

Threats: Defense

Answer 31

1st Amendment requires "true threat" (communication that the person knows would cause a reasonable fear in others that threat will be carried out)

Question 32

Stalking: Elements

Answer 32

Variations in MR - D intended to cause fear - D was aware that s/he was causing fear (acted with knowledge or recklessness) - D should have been aware that s/he was causing fear (was negligent)

Question 33

Stalking: Elements

Answer 33

AR: course of conduct (2 or more acts) directed at victim that would cause a reasonable person in the victim's circumstance to experience fear