Download Inchoate Crimes: Definitions and Elements of Attempt and Conspiracy and more Quizzes Criminal Law in PDF only on Docsity! TERM 1 Inchoate Crimes DEFINITION 1 Crimes that havent been completed. TERM 2 Inchoate Crimes: Elements DEFINITION 2 Elements: o Mens Rea: Purpose of committing the crime o Actus reus: Some steps towards committing the crimes TERM 3 Attempt DEFINITION 3 The crime of trying to commit a crime but failing to do so. TERM 4 Attempt: Elements DEFINITION 4 Elements: o Actor had the intent or purpose to carry out the crime o Actor took some act to further the commission of the crime o The actor has to take some action that crosses the line from planning to completion. Purpose can be inferred from the acts of the attempt TERM 5 Attempt: 3 Tests for Attempt Substantial Steps Test DEFINITION 5 Has the actor taken substantial steps towards completing the crime? AND Do those steps strongly corroborate his criminal purpose? *Most common test EX; Lying in wait, searching for/following the victim, enticing the victim to go somewhere, unlawfully entering the place of the crime, solicitation of someone to engage in the crime with you. TERM 6 Attempt: 3 Tests for Attempt Unequivocality Test DEFINITION 6 (Res Ipsa Loquiture) Are the actions of the defendant necessarily headed for criminal conduct? Would a normal person who saw the defendants acts without knowing the intent believe she was determined to commit a crime? Basically, whatever youve done thus far is so inherently criminal that it counts as attempt. EX: You mail 20 lbs of coke in the mail probz going to sell it TERM 7 Attempt: 3 Tests for Attempt Physical Proximity Test DEFINITION 7 How close is the defendant to committing the crime? Judged by using one of two subtests: o Indispensable element test: Does the defendant have control of all of the elements necessary to complete the crime? OR o Dangerous proximity test: Has the defendant come dangerously close to completing the crime? TERM 8 Conspiracy DEFINITION 8 The crime of agreeing to commit an act. o Majority of states: Solely an agreement is required to charge someone with conspiracy o Minority: An overt act in furtherance of the agreement is needed to charge an actor with conspiracy o US v. Garcia: Garcia, a gang member, was at a party when someone got shot. Was charged with conspiracy to shoot. Supreme Ct overturned it because this was guilt by association, no agreement was made by Garcia to do anything, thus there couldntve of been conspiracy. TERM 9 Solicitation DEFINITION 9 The crime of asking someone to commit a crime. TERM 10 Solicitation: Elements DEFINITION 10 o Elements: Words that solicit someone to commit a crime. Has to be more than a statement in favor of committing a crime. o Not that serious; usually comes up in prostitution. o State vs. Cotton: Solicitation has to be effectively communicated to the party in question. Cotton asked his wife via mail to move their daughter whom he raped so she couldnt testify against him, but the letters were intercepted. Charge didnt stick because the letters were never read by the wife.
