Criminal Law Chapter 4 Flashcards

Questions and Answers

What are inchoate crimes?

Crimes that are solely for intent

Crimes that are unfinished (correct)

Crimes that have been completed

Crimes that have not been reported

What are the three most common preparatory crimes?

Attempt, solicitation, and conspiracy

What is an attempt in the context of crime?

An act done with the intent to commit a crime, beyond mere preparation, but falling short of its actual commission.

What are the elements of an attempt?

Specific intent to commit a crime, an overt act towards its commission, the apparent possibility of commission, and failure of consummation. Signup and view all the answers

What does specific intent mean?

Offender intended to do the act and intended the outcome. Signup and view all the answers

What is an overt act?

An element of attempt; a concrete act. Signup and view all the answers

What are the tests for overt act?

"Any" act, substantial step, act beyond mere preparation, and all but the last step. Signup and view all the answers

What is the substantial step test?

Conduct that is strongly corroborative of the firmness of the defendant's criminal intent; test to determine if attempt has occurred. Signup and view all the answers

What is factual impossibility?

When a defendant attempts to commit an act that is illegal but fails due to some fact that makes it impossible to complete the crime; not a defense. Signup and view all the answers

What is legal impossibility?

Where a defendant's actions, if fully performed, would not constitute a crime; can be a defense. Signup and view all the answers

What is abandonment in relation to attempt?

Defense if the attempt to commit a crime is freely abandoned before execution, and no outside cause prompts the abandonment. Signup and view all the answers

What are extraneous intervening factors?

Outside factors that cause the abandonment of the final execution of a crime; can't use abandonment as a defense. Signup and view all the answers

What is solicitation?

Offense of asking or enticing another to engage in illegal conduct for hire. Signup and view all the answers

What is renunciation?

Act by which a person abandons a right acquired without transferring it to another. Signup and view all the answers

What is conspiracy?

An agreement between at least two individuals to commit a crime. Signup and view all the answers

What is the Wharton rule?

In crimes that require at least two people, a conspiracy charge cannot be based solely on the agreement of only the two individuals involved. Signup and view all the answers

What is the Pinkerton rule?

Any co-conspirator is culpable for all natural and foreseeable acts committed by co-conspirators within the scope of the conspiracy. Signup and view all the answers

What does the Racketeer Influenced and Corrupt Organization (RICO) statute address?

Addresses organized racketeering activity; punishes those for a pattern of criminal activity in concert with others. Signup and view all the answers

What is racketeering?

An organized conspiracy to commit the crimes of extortion or coercion, or attempts to commit extortion or coercion. Signup and view all the answers

Study Notes

Inchoate Crimes

Refers to crimes that are incomplete or unfinished, indicating a step towards criminal conduct without completion.

Common Preparatory Crimes

Includes three main types: attempt, solicitation, and conspiracy.

Attempt

An act performed with the intent to commit a crime that moves beyond mere preparation but does not complete the crime itself.

Elements of Attempt

Requires the following: specific intent to commit the crime, an overt act toward commission, apparent possibility of commission, and failure to fully execute the crime.

Specific Intent

The offender demonstrates both the intention to perform the act and the desire to achieve the intended outcome.

Overt Act

A concrete action that signifies the attempt to commit a crime, serving as a critical element of attempt.

Tests for Overt Act

Can include several standards: "any" act, substantial step toward the crime, actions beyond mere preparation, and all but the last step (hardest to prove).

Substantial Step Test

A standard evaluating conduct that provides strong evidence of the defendant's criminal intent, determining if an attempt has occurred.

Factual Impossibility

Occurs when a defendant's actions toward committing a crime are thwarted by an external factor, rendering the act impossible; this is not a valid defense.

Legal Impossibility

Arises when a defendant's actions would not be considered a crime if fully executed; this can act as a defense.

Abandonment

A potential defense if the defendant voluntarily and freely abandons the attempt before executing the crime, without external pressure.

Extraneous Intervening Factors

Outside elements that lead to the abandonment of criminal attempts, negating the possibility of using abandonment as a defense.

Solicitation

The offense of enticing or asking another person to engage in illegal conduct for payment.

Renunciation

The act of voluntarily giving up a right without transferring it to another party; availability as a defense varies by state.

Conspiracy

Defined as an agreement between at least two individuals to commit a crime, highlighting the collaborative nature of the offense.

Wharton Rule

States that conspiracy charges cannot be based solely on the agreement of the individuals involved in crimes requiring at least two people (e.g., bigamy).

Pinkerton Rule

Holds that any co-conspirator is liable for all foreseeable actions taken by co-conspirators during the course of the conspiracy.

RICO Statute

Addresses organized crime, specifically racketeering activity, and holds individuals accountable for a pattern of criminal activity in coordination with others.

Racketeering

Defined as an organized scheme to commit extortion or coercion, or attempts to execute these crimes.

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Description

Test your knowledge of preparatory activity offenses with these flashcards covering key concepts in Chapter 4 of criminal law. Learn about inchoate crimes and the elements of attempt, solicitation, and conspiracy. Great for revision and understanding the basics of criminal law.