Flashcards in Chapter 7 powerpoint pt.2 Deck (36)
_______ ____ 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 followed the _____ _____ approach and provided that an attempt occurred only following the completion of the final step required for the commission of a crime.
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
______ impossibility occurs when an individual mistakenly believes that he or she is acting illegally. This is considered a defense.
Legal impossibility occurs when an individual mistakenly believes that he or she is acting ________. This is considered a defense.
________ impossibility occurs in rare situations in which a defendant could not possibly achieve a desired result.
Trying to commit murder by using a voodoo doll is an example of what type of impossiblity?
____________ of a criminal act because of an extraneous factor is not a defense because abandonment was not voluntary.
Why is abandonment of a criminal act because of an extraneous factor is not a defense?
abandonment was not voluntary
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
Why recognize the defense of abandonment?
(1) Lack of purpose
(2) Incentive to renounce crime
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.
The crime of __________ comprises an agreement between two or more persons to commit a criminal act.
What are the several reasons for punishing an agreement?
(2) Group Activity
__________– protecting society by arresting individuals before they commit a dangerous crime.
______ ________ – crimes committed by groups have a greater potential to cause social harm
__________– group pressure makes it unlikely that the conspirators will be deterred from carrying out the agreement
Under _______ ____, conspiracy was complete with the agreement to commit a crime.
Under common law, __________ was complete with the agreement to commit a crime.
In general, the conspiracy to commit a felony is a ______ and the conspiracy to commit a misdemeanor is a ____________
In general, the _________ to commit a felony is a felony and the conspiracy to commit a misdemeanor is a misdemeanor
The actus reus of conspiracy consists of
(1) entering into an agreement to commit a crime
(2) under some modern statues, an overt act in furtherance of the agreement is required.
The core of a conspiracy charge is an ___________.
The _____ ____ of conspiracy is the intent to achieve the object of the agreement.
The mens rea of conspiracy is the ______ to achieve the ______ of the agreement.
The mens rea of conspiracy is the intent to ________ the object of the __________.
Conspiracy= __________ (or agreement and overt act in furtherance of agreement) + specific intent or purpose to commit a crime. (some courts employ a knowledge standard)
Conspiracy= agreement (or agreement and overt act in furtherance of agreement) + specific ______ or ________ to commit a crime. (some courts employ a knowledge standard)
__________= agreement (or agreement and overt act in furtherance of agreement) + specific intent or purpose to commit a crime. (some courts employ a knowledge standard)
In Mens Rea of Conspiracy, intent to achieve the object of the agreement is proved by?
(1) Knowledge standard
(2) Purpose standard
__________ standard – the conspirator must be aware of the illegal activity that another is engaging in
_________ standard – the conspirator must possess the intent to further the illegal activity
_________ ____________ – two or more persons intentionally enter into an agreement with the intent to achieve the crime that is the objective of the conspiracy
_____ or ________ conception of __________- There must be at least two people in agreement and all parties involved must possess the required mens rea
______ ______ _____ 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