Copy of Criminal Justices.pptx

Inchoate Crimes Dylan Richard, Jon Raczynski, Jacob Nichols, Jake Zavala, KJ Jurasz, Nick Ergish, What is an Inchoate Crime? - Jon/Robert ● It comes from the Latin word “incohare” meaning to begin ● Just by helping out in a crime you can be tried and are just as guilty as the person who actually c...

Inchoate Crimes Dylan Richard, Jon Raczynski, Jacob Nichols, Jake Zavala, KJ Jurasz, Nick Ergish, What is an Inchoate Crime? - Jon/Robert ● It comes from the Latin word “incohare” meaning to begin ● Just by helping out in a crime you can be tried and are just as guilty as the person who actually carries it out. ● For example, if you plan a bank robbery, or drive the getaway car it can be punished as much as the person who robbed the bank. ● Most states have similar laws, but crime or accessory after the fact has disappeared in most states Attempt - Jake Zavala, Jacob Nichols ● Attempt is also considered an inchoate crime ● It consist of three elements ○ 1st a person must intend to commit a crime ○ 2nd the person must take steps toward committing the crime. ○ 3rd the person must not actually commit the crime ● Most states have passed specific laws aimed at people preparing to commit crimes ● The major purpose of attempt laws is to help prevent crime ● Courts often have a difficult time when deciding theses cases to look at the purpose of attempt ● The common law rule was that the person must have done everything they could to do commit the crime. Accessory after the fact- KJ Jurasz/Nick Ergish ● Accessory after the fact is when someone helps a felon after the crime has been committed. ● In order for it to be accessory after the fact the defendant must help the criminal either avoid being caught or convicted. ● Second, the felony must have already been committed. ● Finally, the defendant must intentionally help the criminal and know about the crime. Q&A - Dylan 1. What is an inchoate crime? 2. An inchoate crime refers to an incomplete or partially carried out criminal act. In other words, it is a crime that has been initiated but has not yet been fully executed. 3. What are the three parts to attempt? 4. Specific intent, substantial step, proximity to completion 5. Why do courts have trouble looking at these cases? 6. Courts can have difficulty with inchoate crime cases because they involve assessing the defendant's intent and determining how far they progressed toward committing the crime. These cases often require subjective judgments about the defendant's mental state and the significance of their actions. 7. What is accessory after the fact? 8. Accessory after the fact" refers to a person who assists or harbors a criminal suspect after the commission of a crime 9. What must happen for it to be accessory after the fact 10.Knowledge, intent to assist, actual assistance, criminal act