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Chapter 8 Vocab
Based on Criminal Law by Joel Samaha
34
Criminal Justice
Undergraduate 1
04/28/2013

Additional Criminal Justice Flashcards

 


 

Cards

Term
Criminal attempts
Definition
Intending to commit a crime and taking steps to complete it but something interrupts the completion of the crime's commission
Term
Criminal conspiracy
Definition
Agreement between two or more persons to commit a crime
Term
Criminal solicitation
Definition
Urging another person to commit a crime, even though the person doesn't respond to the urging
Term
Inchoate offenses
Definition
Offenses based on crimes not yet completed
Term
Offenses of general application
Definition
Describes the inchoate crimes, which are partly general and partly specific
Term
Dangerous act rationale
Definition
Looking at how closely a defendant came to completing a crime
Term
Dangerous person rationale
Definition
Looking at how fully a defendant developed a criminal purpose to commit a crime
Term
General attempt statute
Definition
Statute that defines the elements of attempt that apply to all crimes
Term
Specific attempt statute
Definition
Attempt statutes that define the elements of attempting to commit specific crimes
Term
Attempt mens rea
Definition
Specific intent to commit a crime that's never completed
Term
Attempt actus reus
Definition
Steps taken to complete a crime that's never completed
Term
Last proximate act rule
Definition
Your acts brought you as close as possible to completing the crime
Term
Proximity tests
Definition
Tests of dangerous conduct: physical proximity, dangerous proximity, and indispensable element
Term
Dangerous proximity to success/physical proximity test
Definition
Looking at the seriousness of the offense intended; the closeness to completion of the crime ; and the probability the conduct would actually have resulted in completion of the crime
Term
Indispensable element test
Definition
Asks whether the defendants have gotten control of everything they need to complete the crime
Term
Unequivocality test/res ipsa loquiter test (the act speaks for itself)
Definition
Examines the likelihood the defendant won't complete the crime (attempt law)
Term
Probable desistance test
Definition
A dangerous person test that focuses on how far defendants have gone, not on what's left for them to do to complete the crime
Term
Substantial steps test/MPC test
Definition
In the Model Penal Code, substantial acts toward completion of a crime that strongly corroborate the actor's intent to commit the crime
Term
Preparation offenses
Definition
Acts amounting to just getting ready to commit a crime (attempt law)
Term
Legal impossibility
Definition
The defense that what the actor attempted was not a "crime"
Term
Factual impossibility
Definition
The defense that some extraneous factor made it impossible to complete the crime
Term
Extraneous factor
Definition
A condition beyond the attempter's control
Term
Defense of voluntary abandonment
Definition
The actor voluntarily and completely gives up his criminal purpose before completing the offense
Term
Conspiracy
Definition
Agreeing to commit a crime
Term
Conspiracy actus reus
Definition
Consists of two parts: 1) an agreement to commit a crime (in all states) and 2) an overt act in the furtherance of the agreement (in about half the states)
Term
Overt act (in conspiracy)
Definition
Requirement of conspiracy actus reus of some act toward completing the crime in addition to the agreement
Term
Conspiracy mens rea
Definition
Specific intent to commit a crime or specific intent to commit a legal act by illegal means
Term
Criminal objective
Definition
The criminal goal of an agreement to commit a crime
Term
Unilateral approach (in conspiracy)
Definition
Not all the conspirators need to agree to commit a crime to impose criminal liability (conspiracy actus reus)
Term
Wheel conspiracies
Definition
One or more defendants participate in every transaction
Term
Chain conspiracies
Definition
Participants at one end of the chain may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale
Term
Solicitation
Definition
Trying to get someone to commit a crime
Term
Solicitation actus reus
Definition
Urging another person to commit a crime
Term
Solicitation mens rea
Definition
Intent to get another person to commit a crime
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