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17 Cards in this Set

  • Front
  • Back
Why is "attempt" significant?
It is a crime to attempt to commit an offense
Elements of Attempt?
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
Defenses to Attempt?
1. Abandonment of attempt - NO DEFENSE
2. Impossibility of success.
What's important to remember about INTENT and Attempt?
1. Intent to complete the act
2. Any intent necessary for the attempted crime.
What's the Impossibility defense?
Legal impossibility IS a defense.

Factual impossibility IS NOT a defense.
What is factual impossibility?
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.
Mistake about Criminal Law?
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.
Mistake about Circumstances?
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).
Elements of Solicitation
1. Request/Suggestion of someone to commit an offense
2. With intent that s/he committed it.
What if the solicitor later decides not to go through with it?
Solicitation is a crime even if it is immediately rejected.
Elements of Conspiracy
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).
Possible defenses to conspiracy
1. Withdrawal
2. No "meeting of mind" (acquittal of co-conspirators)
3. Impossibility (NOT A DEFENSE)
Co-Conspirator Rule
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.
Defense of Withdrawal
Withdrawal is no defense to the crime of conspiracy.

Withdrawal IS a defense under the co-conspirator rule.
What is needed for withdrawal to be effective?
It must be:
1. Fully communicated to all other members of the conspiracy, AND
2. Before the crime is committed.
Defense of No Meeting Of Guilty Minds
1. D charged with conspiracy must be acquitted upon proof that all other members of the alleged conspiracy have been acquitted or its equivalent.
What are equivalents of acquittal?
1. Not guilty by reason of insanity, OR
2. Person did not intend to go through with crime (secret reservations)