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35 Cards in this Set
- Front
- Back
attempt actus reus
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steps taken to complete a crime that’s never completed.
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attempt mens rea
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specific intent to commit a crime that’s never completed.
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chain conspiracies
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participants at one end of the chain may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale.
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conspiracy
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agreeing to commit a crime.
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conspiracy actus reus
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consists of two parts: (1) an agreement to commit a crime (in all states) and (2) an overt act in furtherance of the agreement (in about half the states).
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conspiracy mens rea
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specific intent to commit a crime or specific intent to commit a legal act by illegal means.
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criminal attempt
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intending to commit a crime and taking steps to complete it but something interrupts the completion of the crime’s commission.
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criminal conspiracy
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agreement between two or more persons to commit a crime.
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criminal objective
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the criminal goal of an agreement to commit a crime.
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criminal solicitation
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urging another person to commit a crime, even though the person doesn’t respond to the urging.
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dangerous act rationale (in attempt law)
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looking at how closely a defendant came to completing a crime.
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dangerous person rationale (in attempt law)
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looking at how fully a defendant developed a criminal purpose to commit a crime.
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dangerous proximity test to success test/physical proximity test
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looking at the seriousness of the offense intended; the closeness to completion of the crime; and the probability the conduct would actually have resulted in completion of the crime.
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defense of voluntary abandonment
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the actor voluntarily and completely gives up his criminal purpose before completing the offense.
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extraneous factor
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a condition beyond the attempter’s control.
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factual impossibility
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the defense that some extraneous factor made it impossible to complete a crime.
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general attempt statute
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statute that defines the elements of attempt that apply to all crimes.
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inchoate offenses
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offenses based on crimes not yet completed.
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indispensable element test (attempt law)
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asks whether defendants have gotten control of everything they need to complete the crime.
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last proximate act rule
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your acts brought you as close as possible to completing the crime.
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legal impossibility
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the defense that what the actor attempted was not a “crime.”
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offenses of general application
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describes the inchoate crimes, which are partly general and partly specific.
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overt act (in conspiracy)
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requirement of conspiracy actus reus of some act toward completing the crime in addition to the agreement.
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preparation offenses
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acts amounting to just getting ready to commit a crime (attempt law).
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principle of legality
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a principle stating that there can be no crime or punishment if there are no specific laws forewarning citizens that certain specific conduct will result in a particular punishment.
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probable desistance test
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a dangerous person test that focuses on how far defendants have gone, not on what’s left for them to do to complete the crime.
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proximity tests
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tests of dangerous conduct: physical proximity, dangerous proximity, and indispensable element.
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solicitation
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trying to get someone to commit a crime.
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solicitation actus reus
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urging another person to commit a crime.
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solicitation mens rea
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intent to get another person to commit a crime.
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specific attempt statuses
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attempt statutes that define the elements of attempting to commit specific crimes.
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substantial steps test (in attempt actus reus)
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in the Model Penal Code, substantial acts toward completion of a crime that strongly corroborate the actor’s intent to commit the crime.
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unequivocality test/res ipsa loquiter test (“act speaks for itself”)
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examines the likelihood the defendant won’t complete the crime (attempt law).
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unilateral approach (in conspiracy)
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not all the conspirators need to agree to commit a crime to impose criminal liability (conspiracy actus reus).
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wheel conspiracies
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one or more defendants participate in every transaction.
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