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38 Cards in this Set

  • Front
  • Back
Inchoate Crimes; Basic Definition
intent + some conduct toward the commission of the target offense.
Punish levels are decreased __________
1 level
True or False;
Cannot combine inchoate crimes
True.
You cannot combine inchoate crimes
15.05 No Offense:
Attempt or _______ to commit, or ________ of, a prerparatory offense defined in this chapter is not an offense.
Attempt or CONSPIRACY to commit, or SOLICITATION of, a prerparatory offense defined in this chapter is not an offense.
Inchoate Crimes: criminal attempt
Acts/conduct must be more than _____ ______.
Must actually take steps towards the commission of the target offense that are more than _____ ________
Acts/conduct must be more than MERE THOUGHTS.
Must actually take steps towards the commission of the target offense that are more than MERE PREPARATION
Criminal Attempt:
Cannot attempt a strict liability crime because...
need specific intent
15.01 Criminal Attempt
a) A person commits an offense if, with _____ ______ to commit an offense, he does an act amounting to more than ______ ______ that tends but fails to effects the commission of the offense intended.
a) A person commits an offense if, with SPECIFIC INTENT to commit an offense, he does an act amounting to more than MERE PREPARATION that tends but fails to effects the commission of the offense intended.
15.01 Criminal Attempt
b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense _______ the attempt
b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense ACCOMPANIES the attempt
15.01 Criminal Attempt
c) it is NO defense to prosecution for criminal attempt that the offense attempted was ______ ________.
c) it is NO defense to prosecution for criminal attempt that the offense attempted was ACTUALLY COMMITTED.
Criminal Attempt Defenses:
1)_________
2)_________
Renunciation and Impossibility
Impossibility: ______ and _______
LEGAL and FACTUAL
Legal v. Factual
Legal: criminal state of mind, but actual acts not against the law
Factual: attempts crime but factual thing not known to D prevents him from carrying it out (NOT A DEFENSE)
Criminal Solicitation:
Can only criminally solicit a _____ _____ or felony of the ____ degree (no ______ or low-grade felonies)
Must involve more than ___ _______
Defendant can not be convicted on the _______ ________ of the person allegedly solicited
Can only criminally solicit a CAPITAL FELONY or felony of the FIRST degree (no MISDEMEANORS or low-grade felonies)
Must involve more than ONE PERSON
Defendant can not be convicted on the UNCORROBORATED TESTIMONY of the person allegedly solicited (CAN BE CORROBORATED BY ANYTHING THOUGH)
Criminal Solicitation 15.03
a) A person commits an offense if, with ______ that a _____ ____ or felony of the ______ degree be committed, he requests, commands, or ________ to induce another to engage in ______ _______ that, under the circumstances surrounding his conduct as the actor _______ them to be, would constitute the felony or make the other a party to its commission.
a) A person commits an offense if, with INTENT that a CAPITAL FELONY or felony of the FIRST degree be committed, he requests, commands, or ATTEMPTS to induce another to engage in SPECIFIC CONDUCT that, under the circumstances surrounding his conduct as the actor BELIEVES them to be, would constitute the felony or make the other a party to its commission.
Criminal Solicitation 15.03
b) A person may NOT be convicted under this section on the ______ _________ of the person allegedly solicited and unless the solicitation is made under circumstances ______ ________ of ______ the solicitation itself and the actor's _____ that the other person act on the solicitation.
b) A person may NOT be convicted under this section on the UNCORROBORATED TESTIMONY of the person allegedly solicited and unless the solicitation is made under circumstances STRONGLY CORROBORATIVE of BOTH the solicitation itself and the actor's INTENT that the other person act on the solicitation.
Criminal Solicitation 15.03
a) It is NO defense that:
1) the person solicited is not _______ ______ for the felony solicited;
2) the person solicited has been acquitted, not been prosecuted, convicted of different offense, or a different type of class of offense, or ______ from prosecution.
3) the actor belongs to a class of persons ______ _______ of committing the offense in an individual capacity; OR
4) the felony solicited was ______ ________.
a) It is NO defense that:
1) the person solicited is not CRIMINALLY RESPONSIBLE for the felony solicited;
2) the person solicited has been acquitted, not been prosecuted, convicted of different offense, or a different type of class of offense, or IMMUNE from prosecution.
3) the actor belongs to a class of persons LEGALLY INCAPABLE of committing the offense in an individual capacity; OR
4) the felony solicited was ACTUALLY COMMITTED.
Criminal Conspiracy:
Target crime must be a _______
FELONY
Doesn't have to be a capital felony or felony in
Criminal Conspiracy:
Must have at least ___ _________
2 CONCONSPIRATORS
Criminal Conspiracy:
Must have an "______ ___"
OVERT ACT
-act doesn't have to be criminal (phone calls, traveling, purchasing supplies, etc.)
Criminal Conspiracy:
LIke all inchoate crimes, can be charged with.....
TARGET CRIME AND INCHOATE CRIMES (but unlikely)
Criminal Conspiracy 15.02
a) A person commits criminal conspiracy if with the intent that a felony be committed:
1) He agrees with one or more person that they or one or more of them ______ in conduct that would _______ the offense; ("and" or "or")
2) He or one or more of them performs an ____ _____ in ______ of the ageement.
1) He agrees with one or more person that they or one or more of them ENGAGE in conduct that would CONSTITUTE the offense; AND
2) He or one or more of them performs an OVERT ACT in PURSUANCE of the ageement.
Criminal Conspiracy 15.02
b) an agreement constituting a conspiracy may be ______ from the ____ of the parties.
b) an agreement constituting a conspiracy may be INFERRED from the ACTS of the parties.
Criminal Conspiracy 15.02
c) it is __ defense for criminal prosecution that one or more of the co-conspirators
1) is not _____ ________ for the object offense;
2) has been _____, so long as ____ or more conspirators have not been acquitted.
3) ____ or more of the co-cons, have not been ________ or _____, has been _______ of a different offense, or is _______ from _________;
4) the actor belongs to a class of person that is legally ______ of committing the ______ _____ in an ______ ________;
5) the object offense was ______ _______
c) it is NO defense for criminal prosecution that one or more of the co-conspirators
1) is not CRIMINALLY RESPONSIBLE for the object offense;
2) has been ACQUITTED, so long as TWO or more conspirators have not been acquitted.
3) ONE or more of the co-cons, have not been PROSECUTED or CONVICTED, has been CONVICTED of a different offense, or is IMMUNE from PROSECUTION;
4) the actor belongs to a class of person that is legally INCAPABLE of committing the OBJECT OFFENSE in an INDIVIDUAL CAPACITY;
5) the object offense was ACTUALLY COMMITTED
Pinkerton Rule
All co-conspirators are _____ for the acts of all other co-conspirators when committed in ______ of the ________
All co-conspirators are LIABLE for the acts of all other co-conspirators when committed in FURTHERANCE of the CONSPIRACY
Pinkerton Rule
All co-weezers are liable for the acts of all other co-weezers when committed in furtherance of the conspiracy.
No knowledge requirement of what washed up fags they are.
Pinkerton Rule (Real)
All co-conspirators are liable for the acts of all other co-conspirators when committed in furtherance of the conspiracy.
NO knowledge requirement.
Criminal Conspiracy:
"Bilateral" Concept:
Must have a "meeting of the minds" between at least 2 people to carry out a conspiracy
Criminal Conspiracy:
Rule of Consistency
Must have at least 2 people (D and at least 1 other) to prosecute D for criminal conspiracy
Wharton's Rule:
When the target offense is defined, so that it can ONLY be committed by 2 people, can be NO CONSPIRACY to commit it
Wharton's Rule:
(exception)
3rd party (i.e., more than needed to commit crime)
Conspiracy:
______ that a crime is being committed and _____ ______ when crime is being committed is.....
KNOWLEDGE that a crime is being committed and MERE PRESENCE when crime is being committed isNOT SUFFICIENT TO SUSTAIN A CHARGE FOR CONSPIRACY
Conspiracy:
Withdrawl: d is not liable for ________ _____ of the conspiracy ______ he withdraws
Withdrawl: d is not liable for SUBSEQUENT OFFENSE of the conspiracy AFTER he withdraws
Renunciation (Defense)
Applies to.....
All require a "......."
Applies to all 3 INCHOATE CRIMES
All Require a "VOLUNTARY AND COMPLETE RENUNCIATION"
True/False: Renunciation is a complete defense.
FALSE
Renunciation Defense 15.04
a) it is an ________ defense to _______ under Sec. 15.01 that under circumstances manifesting a _______ and _______ renunciation of his criminal objective the actor ______ ______ of the offense attempted by abandoning his criminal conduct or, if abandonment was insufficient to avoid commission of the offense, by taking further _____ ________ that ________ commission
a) it is an AFFIRMATIVE defense to PROSECUTION under Sec. 15.01 that under circumstances manifesting a VOLUNTARY and COMPLETE renunciation of his criminal objective the actor AVOIDED COMMISSION of the offense attempted by abandoning his criminal conduct or, if abandonment was insufficient to avoid commission of the offense, by taking further AFFIRMATIVE ACTION that PREVENTD commission
Renunciation Defense 15.04
b) it is an _______ defense to prosecution under Section 15.02 or 15.03 that under circumstances manifesting a ______ and _______ renunciation of his criminal objective the actor _______ his ________ or ________ from the conspiracy before commission of the object ofense and took further _____ _______ that ______ the commission of object offense
b) it is an AFFIRMATIVE defense to prosecution under Section 15.02 or 15.03 that under circumstances manifesting a VOLUNTARY and COMPLETE renunciation of his criminal objective the actor COUNTERMANDED his SOLICITATION or WITHDREW from the conspiracy before commission of the object ofense and took further AFFIRMATIVE ACTION that PREVENTED the commission of object offense
Renunciation Defense 15.04
c) renunciation is ____ _______ if it is motivated in whole or __ ____:
1) by circumstances not present at the ________ of the actor's course of conduct that _______ the _______ of _________ or that make more difficult the accomplishment of the objective; ("and" or "or")
2) by a ________ to ________ the criminal conduct until another time or to ________ the criminal act to another but _______ objective or victim
c) renunciation is NOT VOLUNTARY if it is motivated in whole or IN PART:
1) by circumstances not present at the INCEPTION of the actor's course of conduct that INCREASE the PROBABILITY of DETECTION or that make more difficult the accomplishment of the objective; OR
2) by a DECISION to POSTPONE the criminal conduct until another time or to TRANSFER the criminal act to another but SIMILAR objective or victim
Renunciation Defense 15.04
d) Evidence that the defendant renounced his criminal objective by _______ his criminal conduct, ________ his criminal solicitation, or ______ from the conspiracy before the offense was commited and made _______ ______ to prevent the commission shall be admissible as _______ at the hearing on punishment if he has been found guilty....
...and in the event of a finding of renunciation the punishment shall be ___ grade lower than that provided for the offense committed.
d) Evidence that the defendant renounced his criminal objective by ABANDONING his criminal conduct, COUNTERMANDING his criminal solicitation, or WITHDRAWING from the conspiracy before the offense was commited and made SUBSTANTIAL EFFORT to prevent the commission shall be admissible as MITIGATION at the hearing on punishment if he has been found guilty....
...and in the event of a finding of renunciation the punishment shall be ONE grade lower than that provided for the offense committed.