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Flashcards in Unit 3 Deck (65):

_________ are criminal acts that are detected and punished before the ultimate or intended crime actually occurs. The 3 most common are?

Inchoate crimes 113



what are the 6 stages of committing a crime?

1. conceive the idea of committing the crime
2. evaluate idea: proceed or not
3. form intent to go forward
4. prepare to commit crime (such as buying a gun)
5. commence commission of offense
6. complete action, achieving goal 114


Only after the ______ state is a person liable for criminal punishment under Anglo American law.

fourth 114


under modern law, an attempt to commit a substantive crime is usually classified as a ___________ than the target or object offense.

lesser crime 115


attempt is a _______ intent crime. Why?

specific 116.

because in the example of arson... a person who lights the match with the intent of burning down a building would be guilty of attempted arson, BUT the person who only intended to light a cigarette with the match would not be guilty because they lacked the specific intent to burn down the building.


The crime of attempt requires the specific _______ or ______, to commit an act that, if carried out, would have resulted in a _________________

mens rea, intent, completed substantive crime 115


The MPC provides that a person is guilty of attempt ___________________ or ________________. There are however 2 exceptions:

if it was their purpose to engage in the conduct OR to cause the result that would constitute the substantive offense.

1. a person may be guilty if they believe the criminal result will occur even if it was not their conscious object to cause the result.
2. When they acted with culpability, the code does not require the mens rea of purpose of belief apply to the attendant circumstances. 116


Manny detonated a bomb inside a movie theatre, intending to destroy the building. He knew that the people inside will almost certainly be killed. Could he be convicted of attempted murder and why? Is this specific to MPC or Common Law?

Manny CAN be convicted of attempted murder because he had the knowledge that people inside will be killed by his actions.

This is specific to the MPC 116


It is generally accepted that a defendant cannot be held liable for an attempt unless the defendant has ________________.

committed some act to further his or her plan to commit the substantive offense. 117


what is the test that determines that an attempt has occurred when a person has performed all of the acts that her or she believed were necessary to commit the underlying offense?

last act test 117


which test determines that an attempt has occurred when the perpetrator's conduct, though not having advanced so far as the last act, approaches sufficiently near to be a substantial step toward commission of the offense?

physical proximity test 118.

-a planned bank robbery in which the suspect approaches the bank armed and carrying a holdup note.


which test determines that an attempt has occurred when the perpetrator's conduct is in dangerous proximity to success, or when an act is so near to the result that the danger of its success is very great?

dangerous proximity test 118


which test do law makers not use and why?

The last act test

because most law makers believe that a person does not have to take the very last step to be criminally culpable. If so, the trigger would have to be pulled and the match dropped before guilt could be established. 118


Under the _____________ a suspect who plans to kill but has not obtained a gun or an arson who has not acquired the materials to start the fire, could not be held for attempted murder or arson.

indispensable element test 120


which test determines that an attempt has occurred when a person's conduct, standing alone, unambiguously manifests his or her criminal intent?

unequivocality test 121


What is the MPC's test to determine whether the actus reas of attempt has occurred, which requires that the suspect must have done or omitted to do something that constitutes "a substantial step" in the commission of the substantive offense?

substantive step test 121


The ________ is a defense used when a person's intended end result constitutes a crime, but the actor does not complete the act that would have been a crime because an attendant circumstance is unknown to him or her or is beyond his or her control. Is this a valid legal defense and give an example.

factual impossibility, NO

a person intends to detonate a bomb that contains no explosive material. 125

This applies under both modern and common law.


The defense of _________ could apply when the intended acts, even if completed, would not amount to a crime. What body of law is this recognized under?

legal impossibility, common law 126


a defense called __________ is an ambiguous case in which impossibility could be considered either legal or factual, as distinguished from case of true legal impossibility.

"hybrid" legal impossibility

examples: picking an empty pocket or shooting a dead body believed to be alive.



Attempts to pick an empty pocket can be treated as _____ that result in liability for attempt, and these are equally capable of being classified as _____, which result in no liability.

factual impossibility, legal impossibility 126


________ also called ________, exists when the law does not define as criminal the goal the defendant sought to achieve.

genuine legal impossibility, pure legal impossibility 127


______ is an affirmative defense to the crime of attempt that exists only if the defendant voluntarily and completely renounces his or her criminal purpose.

abandonment 128


At common law, abandonment ______ a defense.

was NOT 129


The crime of _____, also known as _______, is the act of seeking to persuade someone else to commit a crime with the intent that crime be committed.

solicitation, incitement 131


Solicitation exists only if the crime solicited has not been completed, attempted, or agreed to. If for example the person agrees to commit the crime, then both the solicitor and the party solicited are criminally liable for __________.

conspiracy. 131


Common law solicitation is a ______ intent crime.

specific 132


Usually the ___________ demonstrates the intent necessary to be culpable for solicitation.

mere speaking of words 132


_________ is satisfied for solicitation when the solicitor takes any action, whether verbal or otherwise, to urge another to commit a crime. Speaking or writing the words of solicitation is an act, and when the act is done with intent that the person solicited commit the underlying crime, the crime of solicitation _______.

Actus Reas, is complete 132


Conspirators can also become ___________ once the planned crime is committed.

accessories 133


The actus reas of conspiracy is the act of __________.

reaching an agreement 135


_______ occurs when the prosecution fails to prove the cause of action in its entire scope and meaning.

failure of proof 144


a ________, also called a ________, if proved, results in the acquittal of a defendant, even though the prosecutor has proved the defendant's guilt beyond a reasonable doubt.

true defense, affirmative defense 144


a _______ reduces the level of offense for which the defendant may legally be convicted; such as murder lowered to manslaughter.

mitigating 145


a _______, if successfully established by the defense and not disproved by the prosecution, results in an acquittal of any wrongdoing.

complete 145


Defenses are based on 2 main categories of true defenses:

justification and excuse 146


a defense based on ______ renders lawful conduct conduct that would otherwise constitute a violation of the criminal law. What are the 5 major types under this category?

justification 146

1. self-defense
2. defense of others
3. defense of property and habitation
4. crime prevention and law enforcement
5. necessity


a defense is based on ______ when the actor has violated a criminal statute but there is a reason for not holding him or her personally accountable. What are the 5 major types under this category?

excuse 146

1. age/infancy of the actor
2. duress
3. intoxication
4. insanity
5. diminished capacity


Under self defense, these 3 elements must generally be proven:

1. the necessity of using force
2. the proportionality of the force to the threat
3. the reasonableness of the belief that force was necessary 147


The MPC provides that an individual can use non-deadly force to protect his or her property if 3 conditions are met:

1. the other person's interference with the property must be unlawful.
2. the property owner must have possession of the property or be acting on behalf of someone who is in possession of the property.
3. force must be immediately necessary to protect the property. 157


Sometimes a person is faced with a choice between 2 courses of action, both of which will cause harm. If the actor chooses the lesser of the evils, he or she can claim the defense of ________.

necessity 161.


According to the common law, a person is justified in violating a criminal law under the defense of necessity if the following 6 elements are met:

1. actor must be faced with a clear and imminent danger
2. actor must expect, as a reasonable person , that his or her action will be effective in reducing the danger sought to avoid.
3. can NOT use if there is an effective legal alternative available.
4. the harm must be less than the harm avoided.
5. the legislature in that state must have not already decided the balancing of choice and legislated against it.
6. the actor must not have wrongfully placed themselves in the situation that requires the choice of evils. 162


_______ is a defense, in certain circumstances, in which the victim agrees to the actor's conduct. The consent negates an elements of the offense or precludes infliction of the harm to be prevented by the law defining the offense.

consent 164


A law enforcement officer or a citizen assisting someone believed to be a police officer may use deadly force to make an arrest or prevent an escape when the ________.

arrest is for a felony 159


The MPC requires 3 things in order to maintain non-deadly mechanical devices for the protection of property:

1. the device must not be designed to cause or create a substantial risk of death or serious injury.
2. use of the device must be reasonable under the circumstances.
3. the device must not be one that is customarily used for the purpose of protection, and reasonable care must be made to make intruders aware. 157


Under the defense of law enforcement, police may use non-deadly force for the following 4 things:

1. to stop and arrest someone who is committing a crime or who has committed a crime.
2. to prevent an someone subject to arrest from escaping.
3. to prevent the commission of a crime.
4. to suppress riots and disorders 158


Under common law, children under the age of _____ were considered incapable of forming the "evil" state of mind necessary for legal culpability. With respect to persons between the ages of ____ and ____, a prosecutor could introduce evidence that although the defendant was young, they were mature enough to recognize right from wrong.

seven, seven and fourteen 165


A person who commits an unlawful act because of a threat of imminent death or serious bodily injury to self or or to another is entitled to assert the common law defense of _____, or ______, unless the actor intentionally kills an innocent third person.

duress, coercion 166


Under the MPC interpretation of duress, the common law requirement that there be a __________ and that it is imminent is NOT required.

threat of deadly force 167


Intoxication as a defense can take the form of a ______________. That is, it can be used to show that an elements of the crime, such as mens rea, was lacking.

failure of proof claim 169


Voluntary intoxication is never a defense to a __________.

general intent crime 169


There are 4 types of Involuntary Intoxication:

1. coerced (involuntary) intoxication
2. pathological intoxication (actor is unaware the gross amount will intoxicate them).
3. Intoxication by innocent mistake
4. Unexpected intoxication (ingestion of prescribed drug) 170


_______ is a person's inability to consult rationally with an attorney or to understand the nature of the proceedings against them.

incompetency 171


In most jurisdictions a verdict of guilty, not guilty, or not guilty by reason of insanity. In some jurisdictions; a _________ is held for insanity cases. This is a division of a criminal trial into 2 parts, the first part leading to a verdict of guilty or not guilty, and the second relating to another issue , such as the sanity of the accused (or the penalty phase of a death penalty case).

bifurcated trial 171


most jurisdictions require the defendant to prove ____________ that he or she was insane at the time of the defense. The _______ bears the burden of persuasion in these circumstances.

by a preponderance of evidence, defendant 171


What are the 3 types of intoxication identified by the MPC?

1. involuntary intoxication
2. self-induced intoxication
3. pathological intoxication 170


According to the MPC, both _____ and _____ are affirmative defenses if the intoxication caused the actor to suffer from a mental condition comparable to that which constitutes insanity under the MPC.

pathological and involuntary 170


The 4 legal tests to determine insanity are:

1. the M'Naghten (right-wrong) test
2. the irresistible impulse test
3. the MPC (American Law Institute) test.
4. the federal test 172


Under the __________ it musts be clearly proved that, at the time of the offense, the accused was laboring under such a mental illness as not to know the nature and quality of what he or she was doing, or they did not know it was wrong.

the M'Naghten (right-wrong) test 172


The ________, also called the ______, requires a verdict of not guilty by reason of insanity if the fact finder concludes that the accused had a mental disease that kept him or her from controlling his or her conduct.

irresistible impulse test, control test 173


under the _______, a person is not responsible for criminal conduct if he or she lacked substantial capacity to appreciate the criminality or wrongfulness of the conduct or to conform his or her conduct to the requirements of the law.

MPC (American Law Institute) Test 174


The _______ is a result of a statutory enactment in 1984 when Congress defined insanity. The statute provides that a person is excused by reason of insanity if he or she proves by clear and convincing evidence that at the time of the offense, as a result of severe mental disease or defect, he or she was unable to appreciate the nature and quality of his or her act, or the wrongfulness of his or her conduct.

federal test 174


The ________ stated that a person is excused by reason of insanity if the actor's unlawful act was a product of a mental disease or defect. This was only used in _______ and has since been abandoned.

Durham test, District of Columbia 174


________ is a term used to describe 2 circumstances in which a mental condition short of insanity will lead to an acquittal or lessened charges. What are those 2 circumstances?

diminished capacity

1. where the accused raises the condition as a failure of proof defense, and
2. a true partial defense, whereby the crime of murder can be mitigated to manslaughter. 175


Under _____ as an excuse negating moral culpability, the defendant acts without an "evil" state of mind because of his or her erroneous belief as to either the facts or the law applicable in a particular situation.

mistake, 176


A defense in which the defendant admits to the existence of all of the necessary legal elements for criminal liability, but offers one or more legally recognized reasons why he or she should nonetheless be acquitted is know as an __________.

affirmative defense. 145