Chapter 7 powerpoint pt.2 Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 7 powerpoint pt.2 > Flashcards

Flashcards in Chapter 7 powerpoint pt.2 Deck (36):
1

_______ ____ followed the last step approach and provided that an attempt occurred only following the completion of the final step required for the commission of a crime.

Common law

2

Common law followed the _____ _____ approach and provided that an attempt occurred only following the completion of the final step required for the commission of a crime.

last step

3

What are the extraneous conditions in which factual impossibility occurs?

(1) It is not a defense to an attempt to commit a crime
(2) Not recognized by the Model penal code

4

______ impossibility occurs when an individual mistakenly believes that he or she is acting illegally. This is considered a defense.

Legal

5

Legal impossibility occurs when an individual mistakenly believes that he or she is acting ________. This is considered a defense.

illegally

6

________ impossibility occurs in rare situations in which a defendant could not possibly achieve a desired result.

Inherent

7

Trying to commit murder by using a voodoo doll is an example of what type of impossiblity?

Inherent impossibility

8

____________ of a criminal act because of an extraneous factor is not a defense because abandonment was not voluntary.

Abandonment

9

Why is abandonment of a criminal act because of an extraneous factor is not a defense?

abandonment was not voluntary

10

When is reunification not voluntary?

(1) when motivated by a desire to avoid apprehension
(2) provoked by the realization that the crime is too difficult to accomplish
(3) where the offender decides to postpone the crime to focus on another victim

11

Why recognize the defense of abandonment?

(1) Lack of purpose
(2) Incentive to renounce crime

12

What happened in the Ross v. State case?

-Was a search and seizure case argued before the Supreme Court of the United States.
-The high court was asked to decide if a legal warrantless search of an automobile allows closed containers found in the vehicle (specifically, in the trunk) to be searched as well.
-The appeals court had previously ruled that opening and searching the closed portable containers without a warrant was a violation of the 14th Amendment, even though the warrantless vehicle search was permissible due to existing precedent.

13

The crime of __________ comprises an agreement between two or more persons to commit a criminal act.

conspiracy

14

What are the several reasons for punishing an agreement?

(1) Intervention
(2) Group Activity
(3) Deterrence

15

__________– protecting society by arresting individuals before they commit a dangerous crime.

Intervention

16

______ ________ – crimes committed by groups have a greater potential to cause social harm

Group Activity

17

__________– group pressure makes it unlikely that the conspirators will be deterred from carrying out the agreement

Deterrence

18

Under _______ ____, conspiracy was complete with the agreement to commit a crime.

common law

19

Under common law, __________ was complete with the agreement to commit a crime.

conspiracy

20

In general, the conspiracy to commit a felony is a ______ and the conspiracy to commit a misdemeanor is a ____________

felony
misdemeanor

21

In general, the _________ to commit a felony is a felony and the conspiracy to commit a misdemeanor is a misdemeanor

conspiracy

22

The actus reus of conspiracy consists of
(1)
(2)

(1) entering into an agreement to commit a crime
(2) under some modern statues, an overt act in furtherance of the agreement is required.

23

The core of a conspiracy charge is an ___________.

agreement

24

The _____ ____ of conspiracy is the intent to achieve the object of the agreement.

mens rea

25

The mens rea of conspiracy is the ______ to achieve the ______ of the agreement.

intent
object

26

The mens rea of conspiracy is the intent to ________ the object of the __________.

achieve
agreement

27

Conspiracy= __________ (or agreement and overt act in furtherance of agreement) + specific intent or purpose to commit a crime. (some courts employ a knowledge standard)

agreement

28

Conspiracy= agreement (or agreement and overt act in furtherance of agreement) + specific ______ or ________ to commit a crime. (some courts employ a knowledge standard)

intent
purpose

29

__________= agreement (or agreement and overt act in furtherance of agreement) + specific intent or purpose to commit a crime. (some courts employ a knowledge standard)

Conspiracy

30

In Mens Rea of Conspiracy, intent to achieve the object of the agreement is proved by?

(1) Knowledge standard
(2) Purpose standard

31

__________ standard – the conspirator must be aware of the illegal activity that another is engaging in

Knowledge

32

_________ standard – the conspirator must possess the intent to further the illegal activity

Purpose

33

_________ ____________ – two or more persons intentionally enter into an agreement with the intent to achieve the crime that is the objective of the conspiracy

Plurality Requirement

34

_____ or ________ conception of __________- There must be at least two people in agreement and all parties involved must possess the required mens rea

Joint
bilateral
conspiracy

35

______ ______ _____ adopts a unilateral approach that examines whether a single individual agreed to enter into a conspiracy rather than focusing on whether two or more persons entered into an agreement.

Model Penal Code

36

Model Penal Code adopts a ________ approach that examines whether a single individual agreed to enter into a _________ rather than focusing on whether two or more persons entered into an __________.

unilateral
conspiracy
agreement