incohoate crimes Flashcards

(16 cards)

1
Q

Attempt

A

1) intent to commit the crime

2) overt act to substantial step

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2
Q

what is an overt act?

A

should be obvious

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3
Q

if not clear, you pick answer

A

talking about substantial step

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4
Q

if question says attempted murder, the answer will be about

A

attempt

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5
Q

Merger

A

attempt will merge into completed crime and guilty of underlying crime

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6
Q

withdrawl from attempt

A

you cannot withdrawl from attempt if you have taken some overt act

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7
Q

conspiracy

A

two or more people have the specific intent to commit the crime

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8
Q

Common law

A

agreement of two people

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9
Q

MPC conspiracy

A

unilateral theory of conspiracy (one person on their own and have the specific intent)

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10
Q

co-conspirator rule

A

a co-conspirator is liable for all crimes committed in furtherance of the conspiracy

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11
Q

what if the crime was not in furtherance?

A

No i did not know of the other shit

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12
Q

does conspiracy merge?

A

no

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13
Q

conspiracy- withdrawl

A

you cannot withdraw from conspiracy

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14
Q

you can withdrawal from other crimes if

A

you give timely notice to conspirators;

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15
Q

solicitation

A

encourage, urge, or incite another to commit a ctime

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16
Q

does solicitation merge?

A

yes– no withdrawal if intent