Crim Ch 4

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Author:
missancy
ID:
113251
Filename:
Crim Ch 4
Updated:
2011-10-30 20:01:55
Tags:
Criminal Law
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Description:
Criminal Law Ch. 4
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  1. Attempted Crime?
    • Specific intent to commit a criminal offense
    • A substantial step undertaken toward the commission of the intended offense.
  2. Mere preparation?
    An act that may be part of a series of acts costituting a couse of conduct planned to culminate in the commission of a crime
  3. Promimity Rule?
    Used under common law to determine whether a person was guilty of attempted criminal activity. (It requires for them to be in close proximity to committing the act)
  4. Dangerous Proximity Rule?
    A person is guilty of an attempt when his/her conduct comes dangerously close to success.
  5. Defenses to attempted crime?
    • Abandonment - voluntary and complete abandonment of the intent and purpose to commit a criminal offense. ("voluntary prevented its commission")
    • Impossibility - claims the defendant could not have factually or legally committed the offense. (even if they are able to do so)
  6. Lessor included offense?
    elements of the crime are not met, the jury can charge a lower offense.
  7. MPC punishment for attempts?
    Regardless if its attempted, you should get the same amount of punishment as if the crime was actually completed. (Indiana agrees)
  8. Conspiracy?
    • Two or more people working together to commit a crime.
    • Easier for the prosecution to prove.
  9. Conspiracy Intent?
    • Specific intent is required
    • Indiana - must show beyond a reasonable doubt that they agreed
    • Can be charged regardless of knowledge
    • Hearsay is allowed to determine intent
  10. Wharton's Rule?
    When the targeted crime by its very nature takes more than one person to commit, there can be no conspiracy. (i.e. gambling, prositution)
  11. How long does a conspiracy last?
    Until abandonment or completion
  12. Accomplice?
    One who knowingly gives assistance to a person who has committed a felony for the purpose of helping the individual avoid apprehension or detection.
  13. Criminal liability of Corp.?
    Has to pay fines or forfeiture of the company. Business assets only.
  14. Misprision of a felony?
    • Not much of a crime anymore unless its a relationship that creates a duty.
    • Failure to report of a known crime or concealment of a crime.

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