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12 Cards in this Set
- Front
- Back
common law solicitation mens rea
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intend that the other person act
AND intend that the action be the commission of the offense |
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Model Penal Code Solicitation Mens Rea
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Purpose of Promoting or facilitating its commission
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Solicitation Actus Rea Under Common Law
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Commnads, Encourages, Requests another person to engage in specific conduct that would consitute such crime
or an attempt to commit such crime |
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Solictation Actus Rea Under MPC
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Commands, Encourages, Requests another person to engage in specific that would consitute such crime or an attempt to commit such crime.
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Merger in either Common Law or Model Penal Code
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Yes to both
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Grading in Common Law and Model Penal Code
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Common Law: misdemeanor
Model Penal Code: up to 2nd degree |
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Common Law Conspiracy Actus Rea
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Agreement between 2 or more people to commit a crime or series of crimes or a legal act by unlawful means
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Model Penal Code Conspiracy Actus Reas
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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.
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Common Law Mens Rea for Conspiracy
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Intend to agree
and Intend to commit the offense |
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Common Law Mens Rea Under MOodel Penal Code
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Purpose of facilitation the commission of the crime
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Common Law Mens Rea for Attempt
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Knowlege and purpose for the outcome to happen.
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Model Penal Code Actus Reas for Attempt Test
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Substantial Test. Distance travelled from pure intent to current state.
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