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17 Cards in this Set

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What are the most common preparatory activity crimes?
Attempt
Conspiracy
Solicitation
Is the crime of conspiracy complete even if the offense intended is never committed?
Yes.
Inchoate
in an initial or early stage
What are the elements of attempt?
1. an intent to commit it,
2. an overt act twoard its commission
3. act falls short of the completed offense and
4. the apparent possibility of commission.
Does impossibility constitute a defense?
No. Factual impossibility does not constitute a defense.
Abandonment
the attempt to commit a crime is freely and voluntarily abandoned before the act is put in progress for final execution.
Overt Act
Something done that directly moves toward the crime, and brings the accused nearer to its commission than mere preparation or planning.
Solicitation
an offer or invitation to another to commit a crime.
What are the elements of solicitation?
1. an intent to promote or facilitate the commission of a particular criminal offense
2. some overt act such as the initiary act of solicitation, request, command or encouragement.
If the person solicited refuses to commit the crime, is the offense of solicitation complete?
Yes.
Does a criminal solicitation constitute an attempt?
No. but it may escalate into an attempt to commit a crime after the offeror commits a direct, unequivocal act toward committing the crime.
Conspiracy
An agreement to commit a crime
What are the elements of conspiracy?
1. an object to be acomplished;
2. a plan or scheme embodying the means to accomplish that object;
3. an agreement between 2 or more where they become definately committed to cooperate to accomplish the object
4. an overt act
Who bears the burden of proving withdrawal?
The defendant
Withdrawal
defendant disavowed or defeated the purpose of the conspiracy
Preparatory Activity Crimes
Incompleted criminal conduct
Substantial Step
Also known as overt act