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Flashcards in Page 10 Deck (33):
0

What is the indispensable element approach?

if any indispensable element still needs to be completed, defendant is not guilty

1

What Is the probable desistance approach?

D must pass the point where most men would think better of their conduct and desist

2

What is the last step test?

Defendant must have done all he could do to commit the crime, and outside forces were what stopped him from causing harm

3

What is the unequivocality test?

Defendant's actions manifest an unequivocal intent to achieve the criminal objective

4

What is another name for the unequivocality test?

Res Ipsa Loquitur test

5

Under The unequivocality test, defendant does an act that is a step toward the commission of the crime, and that act must have what?

No other purpose than commission

6

What does the unequivocality test ignore about that defendant?

His confession and representation about His intentions

7

The unequivocality test is essentially like what?

Watching a movie with defendant's actions, then stopping and asking audience what the end result will be. If there's only one reasonable answer, defendant is guilty of attempt, but if there could be more than one answer, defendant has not yet done enough

8

What is an example under the unequivocality test where the defendant's behavior was not unequivocal?

The D got in a car with intent to steal the radio, but when the owner approached he fled. That wasn't enough because just entering a car is too equivocal

9

Under the unequivocality test, if defendant's act is ambiguous, what does that mean for conviction?

Cannot be convicted

10

What is the substantial step test?

An act/omission that constitutes a substantial step in the course of conduct planned to culminate in the defendant's commission of the crime

11

Whose approach is the substantial step test?

MPC

12

Which test for attempt is the majority approach?

MPC substantial step test

13

Is planning and preparation enough for an attempt conviction under the substantial step test?

No, there must be more than that, and defendant must come dangerously close to completion Ie) getting weapons, prepping disguises, etc.

14

Is Embarkation to complete a crime considered a substantial step under the substantial step test?

Yes if it places the defendant dangerously close to completion

15

Which of the attempt tests moves in the quickest and results in the most convictions?

MPC substantial step test

16

Does the MPC recognize an abandonment defense to attempt?

Yes

17

The Substantial step test emphasizes what the defendant has already done, and how is liability imposed?

If some firmness of criminal purpose is shown

18

If an intended crime isn't very serious, what is required to prove substantial step test?

More evidence of dangerous closeness to complete the crime

19

If an intended crime is very serious, what is required under the substantial step test?

Presence, with intent and apparent ability to complete the crime is enough

20

What are some categories that are sufficient to prove the substantial step test if strongly corroborative of defendant's criminal purpose?

- lying in wait
- trying to entice the victim to go to a place that the crime is contemplated
- reconnoitering the contemplated place
- unlawful entry of a structure/vehicle for the contemplated crime
- possession of materials intended to be used in the crime
- possession of materials that serve no lawful purpose, meant to be used in the crime
- soliciting an innocent agent to engage in conduct that is an element of the crime

21

What is required for MPC attempt?

Intent plus substantial step.

22

Under MPC attempt a person is guilty when he acts in a way that would bring about the crime if what?

The circumstances were as he believed them to be

23

Under The MPC approach to attempt if you go to someone's home intending to shoot him, see a figure in the door, and shoot, but it was actually someone else, what would your guilt be?

Guilty of attempted murder because you're guilty if the circumstances were as you believed them to be (that your intended target was in the doorway)

24

Does mistake count under MPC attempt?

No

25

If you go to someone's house intending to kill them, and see a figure in the door and shoot at it, but it was just a mannequin, are you guilty of attempted murder?

Yes, because mistake doesn't count

26

If you go to someone's house and two people are in the doorway and your shoot at X, but accidentally hit Y, what is your liability?

Depraved heart murder of Y because transferred intent applies, and attempted murder of X

27

If you drive superfast through a school zone and hit a child who doesn't die, can you be charged with attempted murder?

No, because there was no intent/attempt to kill

28

What Are the three things that are required for MPC attempt?

A) mental state
B) activity
C) Substantial step

29

What is the indispensable element approach?

if any indispensable element still needs to be completed, defendant is not guilty

30

What Is the probable desistance approach?

D must pass the point where most men would think better of their conduct and desist

31

What is the last step test?

Defendant must have done all he could do to commit the crime, and outside forces were what stopped him from causing harm

32

What is the test to figure out the difference between a legal impossibility situation and a factual impossibility situation?

Does the defendant go away happy or frustrated?
A) happy: legal impossibility
B) frustrated: factual impossibility