Term
|
Definition
-No mens rea element; no mistake defenses
-Ceases to exist under MPC: |
|
|
Term
|
Definition
| it is his conscious object to engage in the conduct or cause such a result |
|
|
Term
|
Definition
| he is aware of hte existence of such circumstances or hopes or believes they exist |
|
|
Term
|
Definition
conciously trying to cause the result
|
|
|
Term
|
Definition
| knows his conduct is of the proscribed nature |
|
|
Term
|
Definition
| aware the circumstnaces exist |
|
|
Term
|
Definition
| aware that its practically certain the result will be caused |
|
|
Term
|
Definition
|
|
Term
|
Definition
| when he 1) conciously disregards a substantial and unjustifiable risk that the material element exists or will result from conduct, and he deviates form the normal standard of conduct grossly |
|
|
Term
|
Definition
| he should be aware of a subtantial and unjustifiable risk invovling a gross deviation from statndard of care that a reasonable person would observe. he need not be consciously aware of the relevant risk, similar to criminal negligence |
|
|
Term
| mens rea standard shall apply to al material elements of hte offense unless... |
|
Definition
| an obvious alternate purpose is plainly present |
|
|
Term
| difference between recklessly and negligently |
|
Definition
negligence= INADVERTENTLY taking risk
recklessness: consciously taking risk
standard:
negligence: reasonable person
reckless: law-abiding person |
|
|
Term
|
Definition
| defense only if ignorance or mistake negates the requisite mens rea standard required to est material element of crime |
|
|
Term
|
Definition
overt act thats done with the intent to commit a crime but falls hsort of completing hte crime
note MPC only allows for conviction of one inchoate crime, and in this area of inchoate crimes has had a lot of influence |
|
|
Term
INCHOATE CRIMES
Conspiracy |
|
Definition
| Agreement by two or more persons to commit an unlawful act, coupled with an intent to acheive the agreemens objective and action or conduct that furthers the agreement |
|
|
Term
INCHOATE CRIMES
Solicitation
|
|
Definition
The urging, advising, commanding, or otherwise inciting another to commit a crime
MPC: add encouraging or requesting.
Possible even if the actual crime is never committed. |
|
|
Term
INCHOATE CRIMES
Accomplice liabilty |
|
Definition
| criminal responsility of one who acts with another before, during or after a crime |
|
|
Term
|
Definition
| You fail to commit crime by one or more elements, including conduct, circumstance, or result. |
|
|
Term
|
Definition
one tries to commit a crime but fials because he fails to complete his conduct or bc he completes his conduct but fails to cuase result. if he intends to commit the crime, mens rea satisfied. HE HAS COMMITTED AN ATTTEMPT IF HE COMES DANGEROUSLY CLOSE TO COMPLETE THE CRIME AND ACTUALLY CAUSING THE INTENDED HARM (mere preparation is not enough)
Legal impossiblity can be a defense (even if the act was completed, stil wouldn't be criminal)
FACTUAL IMPOSSIBLITY IS NOT A DEFESNE. |
|
|
Term
|
Definition
|
|
Term
|
Definition
Guilty if he acts with the kind of culpability otherwise required for the commision of hte crime if he
1) pruposely engages in conduct that owuld constiute the crime if the circumstances were as he thought they were
2) tries to cause the result to happen
SUBSTANTIAL STEP: if he has taken a sufficient step towards commission, guilty. this is not mere preparation. |
|
|
Term
|
Definition
| agreement and an overt act in furtherance. |
|
|
Term
|
Definition
| each conspirator is criminally liable for all crimes committed by co conspirators as long as those cimres were in furtherance of the conspiracy |
|
|
Term
|
Definition
| participation and assisting. this includes anyting to aid the principal, even if the principal doesnt know it. |
|
|
