Criminal Law: Inchoate Crimes Quiz

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Questions and Answers

What is the definition of 'Attempt' in the context of inchoate crimes?

Attempt refers to trying to commit a crime but failing to actually complete it.

In relation to the crime of attempt, what is the 'dangerous act rationale'?

The dangerous act rationale assesses how close defendants came to completing their crime.

What does actus reus refer to in the context of attempt?

Actus reus for attempt means substantial steps toward completion of the crime.

Explain the 'All But The Last Act Test' as a criterion for attempt.

This test requires that a defendant has completed all acts necessary to commit the crime except the very last act. Signup and view all the answers

What distinguishes legal impossibility from factual impossibility in attempt liability?

Legal impossibility occurs when the actions intended to be criminal are not actually illegal, whereas factual impossibility occurs when the crime cannot be completed due to factual circumstances. Signup and view all the answers

Describe what is meant by the 'Un-equivocality' test in analyzing attempts.

The Un-equivocality test determines if an ordinary person would believe the defendant was determined to commit the crime based on their actions alone. Signup and view all the answers

What is the essence of the voluntary abandonment defense?

The voluntary abandonment defense allows defendants to avoid criminal liability if they voluntarily and completely renounce their criminal purpose. Signup and view all the answers

What is the 'Probable Desistance Test' in the context of attempt?

The Probable Desistance Test focuses on the progress a defendant has made toward completing the crime, rather than what remains to be done. Signup and view all the answers

What three elements must be present to prosecute a crime under RICO?

Conducting the affairs of an enterprise, a pattern of racketeering acts (2 or more), and threat of force. Signup and view all the answers

What are some advantages of prosecuting under RICO?

All defendants can be tried together, evidence of association with criminals can be used, and multiple crimes can be presented. Signup and view all the answers

Explain the actus reus and mens rea of Solicitation.

Actus reus involves words that attempt to persuade someone to commit a crime, while mens rea is the purpose or specific intent behind that persuasion. Signup and view all the answers

What is the unilateral approach to conspiracy parties?

It means that not all conspirators need to agree with or know each other for criminal liability to exist. Signup and view all the answers

How does the definition of 'person' impact homicide law?

It determines the victim's status, affecting issues like when life begins for legal purposes and whether a fetus counts as a victim. Signup and view all the answers

Describe the actus reus and mens rea of homicide.

Actus reus is the killing of another person, while mens rea involves intentional, knowing, or extremely reckless behavior. Signup and view all the answers

What is the difference between first-degree and second-degree homicide?

First-degree involves willful, deliberate, and premeditated killing; second-degree includes intentional but non-premeditated murders. Signup and view all the answers

Explain the difference between voluntary manslaughter and involuntary manslaughter.

Voluntary manslaughter is a sudden act in response to provocation, while involuntary manslaughter results from reckless conduct without intent to kill. Signup and view all the answers

What is the main difference between legal impossibility and factual impossibility?

Legal impossibility occurs when the defendant's intended act is not a crime, while factual impossibility happens when an outside circumstance prevents the crime despite the intent. Signup and view all the answers

Which scenario would be considered a valid legal impossibility defense?

If the defendant's planned act against the victim is not a criminal act. Signup and view all the answers

Under Pennsylvania law, did Richard voluntarily abandon his plan to steal Steven's car?

No, Richard's abandonment was not deemed voluntary because it was motivated by the presence of police, not a genuine change of heart. Signup and view all the answers

What are the two parts of conspiracy actus reus?

The two parts of conspiracy actus reus are an agreement to commit the crime and an overt act in furtherance of that agreement. Signup and view all the answers

Define a 'wheel conspiracy' and how it differs from a 'chain conspiracy'.

A wheel conspiracy involves different participants with some being involved in every transaction, while a chain conspiracy has participants equally handling the same commodity at different stages. Signup and view all the answers

What do the initials RICO stand for, and what types of crimes does it prosecute?

RICO stands for the Racketeer Influenced and Corrupt Organizations Act, and it prosecutes crimes related to organized crime and patterns of racketeering activity. Signup and view all the answers

In what way can the presence of police officers alter a defendant's intentions in a criminal attempt?

The presence of police can deter a defendant from committing a crime, influencing them to abandon their plan due to the increased likelihood of arrest. Signup and view all the answers

How does a 'conspiracy' differ from 'attempt' in criminal law?

A conspiracy involves an agreement and an overt act to commit a crime, while an attempt focuses on the defendant's intent to commit the crime and some steps taken towards it. Signup and view all the answers

What are two significant differences between common law rape and modern sexual violence statutes?

Common law rape only recognized female victims and did not consider wives capable of being raped, while modern statutes acknowledge a broader range of victims. Additionally, modern laws focus more on the absence of consent rather than the victim's previous sexual history. Signup and view all the answers

Why are sexual violence crimes considered more challenging to prosecute compared to other felonies?

Sexual violence crimes are difficult to prosecute due to the lack of physical evidence, witnesses, and the need to demonstrate non-consent beyond a reasonable doubt. Most victims often do not report the crimes immediately, complicating evidence collection. Signup and view all the answers

List the types of force that can be considered in the context of rape or sexual violence.

Rape and sexual violence can involve no physical force but may include threatened force, emotional force, psychological force, intellectual force, and moral force. Signup and view all the answers

What are the common elements found in stalking laws, despite state variations?

Common elements of stalking laws typically include the requirement of repeated unwanted behavior that causes fear or emotional distress to the victim. These elements emphasize the pattern of harassment as key to establishing stalking. Signup and view all the answers

What is a significant challenge that victims of sexual violence face when seeking justice, according to the context provided?

Victims often encounter victim-blaming and societal biases about sexual behavior, which can deter them from reporting the crime. Additionally, the absence of witnesses and immediate evidence complicates legal proceedings. Signup and view all the answers

Define voluntary manslaughter and provide an example of what might trigger it.

Voluntary manslaughter is the intentional killing done in the heat of passion triggered by adequate provocation, such as finding a spouse in bed with another person. Signup and view all the answers

What distinguishes involuntary manslaughter from voluntary manslaughter?

Involuntary manslaughter involves unintentional killing resulting from a voluntary act or omission, lacking intent to kill. Signup and view all the answers

Explain the felony murder rule and its limitations.

The felony murder rule holds that unintentional deaths occurring during the commission of certain felonies are considered murder, particularly when those felonies are inherently dangerous to human life. Signup and view all the answers

What was the historical requirement for regarding the death of unborn babies due to murder?

Historically, the requirement was that unborn babies must be born alive and then die as a result of the injury caused by the murderer. Signup and view all the answers

How do current laws in many states address fetal homicide?

Current laws in many states classify it as a crime to kill a fetus, with measures such as revising statutes, creating new statutes, and punishing attacks on pregnant women causing fetal death. Signup and view all the answers

What does the Uniform Brain Death Act define as death?

The Uniform Brain Death Act defines death as the irreversible loss of all brain function, including the brain stem. Signup and view all the answers

What is the bifurcation procedure in death penalty cases?

The bifurcation procedure is a two-stage trial process consisting of a guilt phase, where the jury decides innocence or guilt, and a penalty phase, where they determine the punishment if found guilty. Signup and view all the answers

Differentiate between aggravating and mitigating circumstances in the context of the death penalty.

Aggravating circumstances are factors that increase the severity of a crime, like prior convictions, while mitigating circumstances are factors that lessen culpability, such as mental health issues. Signup and view all the answers

What constitutes stalking under the given definition?

Stalking is defined by a course of conduct or repeated acts that place another person in reasonable fear of bodily injury or cause substantial emotional distress. Signup and view all the answers

How does the grading of stalking offenses increase with repeated actions?

The grading of stalking offenses increases with the frequency of the acts committed, causing greater fear or emotional distress. Signup and view all the answers

Differentiate between Kidnapping and False Imprisonment in terms of the right to locomotion.

Kidnapping involves moving a person a substantial distance against their will, while False Imprisonment restricts a person's liberty without moving them. Signup and view all the answers

What is the main distinction between Unlawful Restraint and False Imprisonment?

Unlawful Restraint involves locking someone in a space where there is a risk of serious bodily injury, while False Imprisonment can occur without such risk. Signup and view all the answers

Explain the relevance of the term 'course of conduct' in the context of stalking.

'Course of conduct' refers to a pattern of repeated behavior, indicating a sustained effort to instill fear or distress in the victim. Signup and view all the answers

Study Notes

Inchoate Crimes

Involves criminal liability for three types: Attempt, Conspiracy, and Solicitation.
Attempt: Trying to commit a crime but failing to complete it.
Conspiracy: Agreements with others to commit crimes.
Solicitation: Trying to get someone else to commit a crime.

Attempt Rationales

Dangerous act rationale: How close defendants came to completing the crime.
Dangerous person rationale: How fully defendants developed their criminal purpose.

Attempt Actus Reus and Mens Rea

Actus Reus: Substantial steps toward completing a crime; physical proximity; indispensable element for completion; unequivocally committing the crime.
Mens Rea: Specific intent/purpose to commit the attempted crime.

Attempt Actus Reus Tests

All But The Last Act Test: Requires all but the last act needed.
Dangerous Proximity Test: Whether the defendant came dangerously close.
Indispensable Element Test: Whether the defendant has control of everything needed to complete the crime.
Unequivocality Test: Whether an ordinary person would believe the defendant is determined to commit the crime.
Probable Desistance Test: How far the defendant has gone, focusing on what is left to do.
Model Penal Code (MPC) Substantial Steps Test: Steps taken toward the crime, corroborating the actor's purpose.

Voluntary Abandonment Defense

Defendants renounce criminal purpose completely and voluntarily avoid criminal liability.

Legal vs. Factual Impossibility

Legal impossibility: Defendant intends to commit a crime but the law does not make that an illegal act.
Factual impossibility: Defendant attempts but some external factor prevents the crime from occurring. Factual impossibility is not a valid defense.

Conspiracy Actus Reus

Agreement to commit a crime.
Overt act in furtherance of the agreement.

Conspiracy Types: Wheel and Chain

Wheel Conspiracy: Parties interact with a central figure.
Chain Conspiracy: Parties interact in a sequential manner.

RICO Act

Racketeer Influenced and Corrupt Organizations Act, prosecuting various organized crimes, including government corruption, white-collar schemes, and gang crimes.

RICO Prosecution Elements

Conducting affairs of an enterprise
By means of a pattern of racketeering acts.
Threat of force.

RICO Advantages

Defendants tried together.
Evidence of association with other people and multiple crimes is admissible.
Forfeiture of assets, high fines.

Solicitation Actus Reus and Mens Rea

Actus Reus: Words that try to convince someone to commit a crime.
Mens Rea: Intent to get another to commit a crime.

Unilateral Approach to Conspiracy

Not all conspirators need to know or agree with each other.

Homicide and "Person"

Defines the victim in homicide laws.
Important for considering unborn fetuses.

Homicide Actus Reus and Mens Rea

Actus Reus: Killing another person.
Mens Rea: Intentional, knowing, extremely reckless, or negligent.

First vs. Second Degree Homicide

First degree: Willful, deliberate, premeditated killing, typically in death penalty cases.
Second degree: Intentional killing without premeditation or deliberation, including felony murders (killing someone during another crime), intent to cause serious bodily injury, and depraved-heart murders.

Voluntary vs. Involuntary Manslaughter

Voluntary: Intentional killing when provoked (adequate provocation).
Involuntary: Unintentional killing caused by a reckless or negligent act.

Felony Murder

Unintentional death occurring during the commission of a felony.

Unborn Babies

Laws regarding the death of unborn babies resulting from homicidal acts.

Uniform Brain Death Act

Defines death based on irreversible brain damage, including brain stem damage.

Bifurcation Procedure (Death Penalty)

Separating trial into guilt and penalty phases.
Jury determines guilt and, if guilty, considers whether to impose the death penalty.

Aggravating and Mitigating Circumstances (Death Penalty)

Aggravating: Increases the severity of a crime, possibly leading to a harsher penalty like the death penalty.
Mitigating: Decreases the severity of a crime, potentially resulting in a lesser penalty.

Premeditation in First Degree Murder

Evidence demonstrating intent to kill before the act.

Depraved Heart Murder

Unintentional murder with extreme recklessness towards human life.

Felony Murder Limitations

Statutes limit felonies considered "inherently dangerous to human life" in some jurisdictions.
Different approaches exist to the meaning of "inherently dangerous."

Stalking

Repeated course of conduct targeting an individual (including following, threatening).
Pennsylvania stalking statutes include intent to cause fear or distress.
Bad result: Emotional distress or fear of harm.

Kidnapping, False Imprisonment, Unlawful Restraint

Kidnapping involves moving victims a substantial distance.
False imprisonment and unlawful restraint involve restricting someone's freedom of movement.

Rape and Other Sexual Violence (Types of Force):

Force goes beyond physical; emotional, psychological, intellectual, moral force

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Description

Test your understanding of inchoate crimes including attempt, conspiracy, and solicitation. Explore the rationales behind attempt liability, as well as the necessary actus reus and mens rea required. This quiz assesses key concepts and tests for various actus reus approaches in criminal law.