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17 Cards in this Set
- Front
- Back
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Why is "attempt" significant?
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It is a crime to attempt to commit an offense
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Elements of Attempt?
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A person must:
1. Go far enough, ie do something constituting a substantial step towards commission of the crime 2. With intent to commit the crime |
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Defenses to Attempt?
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1. Abandonment of attempt - NO DEFENSE
2. Impossibility of success. |
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What's important to remember about INTENT and Attempt?
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1. Intent to complete the act
2. Any intent necessary for the attempted crime. |
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What's the Impossibility defense?
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Legal impossibility IS a defense.
Factual impossibility IS NOT a defense. |
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What is factual impossibility?
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It's impossible for D to:
1. Perform the conduct she has set out to perform; or 2. Cause the result she has set out to cause But D mistakenly believes she will be successful. |
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Mistake about Criminal Law?
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This is Legal Impossibility.
D's intended conduct does not constitute a crime if carried out. But D thinks it would be a crime because D is mistaken about the criminal law. |
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Mistake about Circumstances?
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D's intended conduct if completed would not constitute a crime, b/c one of the circumstances is not what is required for the crime. But D is mistaken about this circumstance.
Factual impossibility. (Some courts would characterize it as legal impossibility). |
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Elements of Solicitation
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1. Request/Suggestion of someone to commit an offense
2. With intent that s/he committed it. |
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What if the solicitor later decides not to go through with it?
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Solicitation is a crime even if it is immediately rejected.
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Elements of Conspiracy
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1. Entering into an agreement to commit a crime, and
2. The intent that the crime be committed, and 3. An overt act in furtherance by one member of the group (modern statutes). |
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Possible defenses to conspiracy
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1. Withdrawal
2. No "meeting of mind" (acquittal of co-conspirators) 3. Impossibility (NOT A DEFENSE) |
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Co-Conspirator Rule
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All members of a criminal conspiracy are guilty of crimes committed by other members of that conspiracy if those crimes are both:
1. Committed in furtherance of the scheme, and 2. A forseeable result of the scheme. |
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Defense of Withdrawal
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Withdrawal is no defense to the crime of conspiracy.
Withdrawal IS a defense under the co-conspirator rule. |
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What is needed for withdrawal to be effective?
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It must be:
1. Fully communicated to all other members of the conspiracy, AND 2. Before the crime is committed. |
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Defense of No Meeting Of Guilty Minds
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1. D charged with conspiracy must be acquitted upon proof that all other members of the alleged conspiracy have been acquitted or its equivalent.
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What are equivalents of acquittal?
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1. Not guilty by reason of insanity, OR
2. Person did not intend to go through with crime (secret reservations) |
