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12 Cards in this Set

  • Front
  • Back
common law solicitation mens rea
intend that the other person act

AND

intend that the action be the commission of the offense
Model Penal Code Solicitation Mens Rea
Purpose of Promoting or facilitating its commission
Solicitation Actus Rea Under Common Law
Commnads, Encourages, Requests another person to engage in specific conduct that would consitute such crime

or

an attempt to commit such crime
Solictation Actus Rea Under MPC
Commands, Encourages, Requests another person to engage in specific that would consitute such crime or an attempt to commit such crime.
Merger in either Common Law or Model Penal Code
Yes to both
Grading in Common Law and Model Penal Code
Common Law: misdemeanor

Model Penal Code: up to 2nd degree
Common Law Conspiracy Actus Rea
Agreement between 2 or more people to commit a crime or series of crimes or a legal act by unlawful means
Model Penal Code Conspiracy Actus Reas
Agrees with other persont ht they or one or more of them will engage in conduct that consitutes such crime, attept, aid, or solicitation to commit such crime.
Common Law Mens Rea for Conspiracy
Intend to agree

and

Intend to commit the offense
Common Law Mens Rea Under MOodel Penal Code
Purpose of facilitation the commission of the crime
Common Law Mens Rea for Attempt
Knowlege and purpose for the outcome to happen.
Model Penal Code Actus Reas for Attempt Test
Substantial Test. Distance travelled from pure intent to current state.