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9 Cards in this Set
- Front
- Back
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What is solicitation?
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Asking someone to commit a crime,
with the intent that the crime be committed Specific Intent (doesn't matter if the crime is completed) |
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What is conspiracy? (NC)
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An agreement
between 2 or more people to commit a crime |
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What type of intent is needed for a conspiracy?
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Specific Intent to:
- enter into an agreement AND - to accomplish the objectives of the conspiracy |
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Can you have a 1 person conspiracy in NC?
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No.
There must be a meeting of the criminal minds, both of whom actually agree to accomplish the conspiracy's objectives If all other parties to the agreement are acquitted, the last remaining defendant cannot be convicted |
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What is vicarious (Pinkerton) liability?
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A defendant will be liable for other crimes committed by his co-conspirators, so long as those crimes:
- were committed in furtherance of the conspiracy's objective AND were foreseeable |
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What is attempt? (NC)
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An overt act beyond mere preparation
- The defendant must engage in conduct that gets dangerously close to the commission of the crime |
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What is the mental state for attempt?
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Specific intent to commit the underlying crime
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Is withdrawal a defense to inchoate crimes?
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No.
EXCEPT: conspiracy Once a defendant withdrawals from a conspiracy he will no longer be vicariously liable for crimes committed by his co-felons AFTER he left the conspiracy But, he is not off the hook for foreseeable crimes committed by his co-conspirators prior to his withdrawal |
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Does the merger rule apply for inchoate offenses?
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Solicitation and Attempt merge with the completed crime
BUT not conspiracy!!! |
