Chapter 7 terms Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 7 terms > Flashcards

Flashcards in Chapter 7 terms Deck (28):
1

an individual who completely and voluntarily renouces his or her criminal purpose is not liable for an attempt.

abandonment

2

an intent or purpose to commit a crime, an act or acts toward the commissin of the crime, and a failure to commit the crime

attempt

3

there must be an agreement between at least two persons with the intent to achieve a common criminal objective

bilateral

4

a conspracy in which individuals are linked in a vertical chain to achieve a criminal objective

chain conspiracy

5

an individual takes every act required to commit a crime and fails to succeed

complete attempt

6

an agreement to commit a crime. Varous state statues require an overt act in furtherance of this purpose

conspiracy

7

comprises an intent or purpose to commit a crime, an act or acts toward the commission of the crime, and a failure to commit the crime.

criminal attempt

8

a circumstance that is not created by a defendant that prevents the completion of a criminal act

extraneous factor

9

a criminal act is prevented from being completed because of an extraneous factor

factual impossiblity

10

an individual who is excluded from liability under a criminal stature may not be held legally liable as a conspirator to violate the law

Gerbardi rule

11

attempts. conspiracy, and solicitation. Each requires a specific purpose to accomplish a criminal objective and an act in furtherance of the intent. These offenses are punished to the same extent or to a lesser extent than the target crime

inchoate crimes

12

an individual abandons or is prevented from completing an attempt due to an extraneous or intervening factor

incomplete attempt

13

an act that is incapable of achieving the desiring result

inherent impossiblity

14

common law approach to attempt that requires the last step to the completion of a crime

last step approach

15

the defense that an individual's act does not constitute a crime as a matter of law

legal impossiblity

16

requires an act that is very close to the completion of the crime

objective approach to criminal attempt

17

an overt act in furtherance of an agreement is required under most modern conspiracy statutes

overt act

18

an act constituting an attempt must be physically proximate to the completion of the crime

physical proximity test

19

a conspiracy requires an agreement between two or more parties

plurality requirement test

20

acts taken to prepare for committing a crime

preparation

21

"the thing speaks for itself." A test for attempt that asks whether an ordinary individual observing the acts of another would conclude that the individual intends to commit a crime

res ipsa loquitur

22

a written or spoken statement in which an individual intnetionally advises, requests, counsels, commands, hires, encourages, or incites another person to commit a crime with the purpose that the other individual commit the crime

solicitation

23

requires an act toward the commission of a crime that is sufficient to establish a criminal intent. The act is not required to be proximate to the completion of the crime.

subjective approach to criminal intent

24

the Model Penal Code approach to determining attemot. There must be a clear step toward the commissino of a crime that is not required to be immediately proximate to the crime itself. The act must be committed under circumstances strongly corroborative of an intent to commit a crime

substantial step test

25

a test for attempt that asks whether an ordinary individual observing a person's acts would determine that the person intends to commit a crime

unequivocality test

26

an individual with the intent to enter into a conspirational agreement is guilty regardless of the intent of the other party

unilateral

27

a conspiracy in which a single individual or individuals serve as a hub that's connected to various individuals or spokes

wheel conspiracy

28

an agreement by two persons to engage in a criminal act that requires the involvement of two persons cannot constitute a conspiracy

Wharton's rule