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17 Cards in this Set
- Front
- Back
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What are the most common preparatory activity crimes?
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Attempt
Conspiracy Solicitation |
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Is the crime of conspiracy complete even if the offense intended is never committed?
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Yes.
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Inchoate
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in an initial or early stage
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What are the elements of attempt?
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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. |
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Does impossibility constitute a defense?
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No. Factual impossibility does not constitute a defense.
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Abandonment
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the attempt to commit a crime is freely and voluntarily abandoned before the act is put in progress for final execution.
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Overt Act
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Something done that directly moves toward the crime, and brings the accused nearer to its commission than mere preparation or planning.
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Solicitation
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an offer or invitation to another to commit a crime.
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What are the elements of solicitation?
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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. |
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If the person solicited refuses to commit the crime, is the offense of solicitation complete?
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Yes.
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Does a criminal solicitation constitute an attempt?
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No. but it may escalate into an attempt to commit a crime after the offeror commits a direct, unequivocal act toward committing the crime.
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Conspiracy
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An agreement to commit a crime
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What are the elements of conspiracy?
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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 |
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Who bears the burden of proving withdrawal?
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The defendant
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Withdrawal
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defendant disavowed or defeated the purpose of the conspiracy
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Preparatory Activity Crimes
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Incompleted criminal conduct
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Substantial Step
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Also known as overt act
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