SG Exam 2 Chaps 8.9.10-1 PDF

1. The inchoate crimes involve criminal liability for three types of crimes: Attempt, Conspiracy and Solicitation. Please give a one sentence definition for each of these three crimes. Attempt: trying to commit crimes, but failing to commit them Conspiracy: making agreements with others...

1. The inchoate crimes involve criminal liability for three types of crimes: Attempt, Conspiracy and Solicitation. Please give a one sentence definition for each of these three crimes. Attempt: trying to commit crimes, but failing to commit them Conspiracy: making agreements with others to commit crimes Solicitation: trying to get someone else to commit a crime 2. There are 2 rationales for the crime of attempt. Please name and explain the 2 rationales. Dangerous act rationale—how close defendants came to completing their crime Dangerous person rationale—how fully defendants have developed their criminal purpose 3. Explain attempt actus reus and attempt mens rea. Actus reus—substantial steps toward completion of the crime; physical proximity; indispensable element for completion; unequivocally that the crime will be committed; probable dissonance Mens rea—specific intent/purpose to commit the attempted crime 4. In order to determine if a person’s acts have come close enough to the intended crime to qualify for attempt, there are 6 tests which may be used to analyze whether the person has satisfied the actus reus requirement of attempt. List the 6 tests and give a brief definition of each. 1. All But The Last Act Test: requires all but the very last act needed to commit the crime. Very strict. There would be dangerous conduct not included. ( it takes 5 doses to kill and defendant gives 3) 2. Dangerous to Proximity Test: has the defendant come dangerously close to committing the crime. Focuses on what still has to be done to complete it. 3. Indispensable Element: whether the defendant has control of everything they need to commit the crime. 4. Un-equivocality: (res ispa loquiter test— "the act speaks for itself") would an ordinary person who saw the defendants acts without knowing the intent, believe he was determined to commit the crime. Looking the part. 5. Probable desistance test: focuses on how far defendant has gone, not what's left 6. Model Penal Code (MCP): substantial steps test. Used by n=most states. Steps toward the crime that corroborate the actor's criminal purpose 5. Explain the voluntary abandonment defense. Defendants who voluntarily and completely renounce their criminal purpose can avoid criinal liability.  6. Explain the difference between legal impossibility and factual impossibility. Which one is a defense to attempt liability? Legal impossibility—when defendant intends to commit a crime and does everything possible but the law does not ban twhat they did Factual impossibiblity—when defendant attempts to commit a crime but some extraneous fact or circumstances interrupts 7. Which of the following would be a valid impossibility defense? a. The victim does not show up at the ambush point. b. What the defendant plans to do to the victim is not a criminal act. c. The poison is not strong enough to kill the victim. 10. Richard had created a plan to hotwire Steven’s car on Thursday, then steal it and take it to a “chop shop” in order to collect the money. Steven always parked his car behind Krency’s restaurant in the third parking slot from 11:00-2:00 p.m. on Thursdays as that was the day he had lunch with his cousins, Matt and Chuck. Richard had purchased the tools he needed to break the car’s window and hotwire the car. He had also purchased a ski mask so that if there were any outdoor cameras, no one would recognize his face. On Thursday at 10:50 a.m. Richard hid behind a dumpster in the alley to await Steven’s arrival. At 11:04, Officer Bruno and Officer Karlow pulled into Krency’s lot right next to Steven’s car. They went inside to have lunch and sat at a booth directly in front of the window that faced the two vehicles. Richard abandoned his idea of taking Steven’s car that day. Under Pennsylvania law, did Richard voluntarily and completely abandon his criminal effort? Explain your answer. No. Having decided to abandon the idea of a theft due to the police presence and increased likelihood of getting caught is not voluntary and complete renunciation within meaning of the statute 11. What are the two parts of conspiracy actus reus? Agreement to commit the crime An overt act in furtherance of agreement 12. There are two types of large scale conspiracies: wheel and chain. Explain what each type is and how they differ from each other. Wheel conspiracies—involve parties differently with some participating in every transaction and others participating in only one Chain conspiracies—involve parties equally with each participant handling the same commodity at different points through the process of manufacture, distribution, and sale. Often involves the distribution of some commodity, such as illegal drugs.  13. What does RICO stand for? What types of crimes does it prosecute? Racketeer Influenced and Corrupt Organizations Act—all types of organized behavior including government corruption, white collar schemes, mafia-type endeavors, gang crimes. 14. What three elements need to be present to prosecute a common crime under RICO? Conducting the affairs of any enterprise By means of a pattern of racketeering act (2 or more) Threat of force 15. Are there any advantages to prosecutors to prosecute under RICO? Please explain those advantages and why they are advantageous. Can put all the defendants together in one trial. Can use evidence of a person's association with other people of ill repute. Can use evidence of multiple crimes. Can trigger forfeiture—gathering a large number of defendant's assets. Authorizes high fines. 16. Explain the actus reus and mens rea of Solicitation. Actus reus—requires words that actually try to get someone to commit a crime Mens rea—purpose or specific intent to get someone to commit a crime 17. What is meant by the unilateral approach to conspiracy parties? The rule that not all conspirators have to agree with or even know the other conspirators to have criminal liability. 18. Explain how the meaning of a “person” is integral to homicide law. It defines who the victim is. When in the womb does life begin for the purpose of homicide. To determine if a murderer has 1 or 2 victims. At the end of life when trying to decide if a person has a right to commit suicide and if euthanasia should be legal or not. Historically, the law of homicide required that the murdered victim be born alive. Today in some places, a fetus can be a victim. 19. Explain the actus reus and mens rea of homicide. Actus reus—the killing of another person Mens rea—intentional, knowing, or extremely reckless, or negligent (criminal negligence)—affects the degree 20. What is the difference between first degree homicide and second degree? First degree: mens rea includes willful, deliberate, and premeditated killing by means of "heinous, atrocious, or cruel" acts. Can lead to execution in death penalty states or to life in prison without the chance of parole in non-death penalty states Second degree: intentional murders that weren't premeditated or deliberate. Includes felony murders, intent to inflict SBI murders, and depraved heart murders (killing very recklessly). 21. Explain the difference between voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter—intentional killing, in the heat of anger, triggered by an adequate provocation Involuntary manslaughter—unintentional killing by a voluntary act or omission 22. What is felony murder? Unintentional deaths that occur during the commission of some felonies are murder. Some limit the rule to those felonies inherently dangerous to human life 23. In the early history of homicide law, what rule usually applied to babies not yet born when their mother fell victim to murder? It required that the babies be born alive then die as a result of the injury caused by the murderer. 24. What do states do now to address the issue of unborn babies whose deaths are caused by a homicidal act? Crime to kill a fetus in 38 states -3 Ways to Do So: 1. Revised existing statutes to include the word "fetus" 2. Create new statutes Exclusively focused on fetuses (Aggravated assault on a fetus...) 29 states have statutes where the person begins at the earliest stages (conception, fertilization, post-fertilization). 3. Punish attacks on pregnant women that cause death to the fetus Viability - The point where the fetus could survive outside the womb 25. What is the Uniform Brain Death Act? An individual who has suffered irreversible brain damage including damage to the brain stem is considered dead. 26. What is the bifurcation procedure as it applies to the death penalty? A legal process that separates a trial into two stages: a guilt phase and a penalty phase. Guilt phase: The jury determines the defendant's guilt or innocence. Penalty phase: If the defendant is found guilty, the jury receives additional information and decides whether or not the defendant should be executed.  27. Explain what is meant by aggravating and mitigating circumstances as it applies to death penalty cases. Please provide examples of each. In a death penalty case, "aggravating circumstances" are factors that increase the severity of a crime and could lead to a harsher sentence, like a death penalty, while "mitigating circumstances" are factors that lessen the defendant's culpability and could lead to a less severe sentence, like life in prison. 28. What types of evidence would you use to prove premeditation? Provide examples to illustrate. First-Degree Murder Mens Rea = Have to prove the intent to kill. (Willful, mediated, premeditated intentional) 1. Look at what happened before the murder? Did they bring the weapon when meeting the victim? Did they conceal themselves from the victim before the murder? Did they try to set up the victim for the murder? 2. Explore the relationship between the victim and offender. Past domestic violence cases? Sayings of wanting to cause death? Even in short relationships, these little hints of killer intent can be found. 3. Manner of the killing. Torture? Time= How long does it take? A lot of stabbings? 29. What is Depraved Heart Murder? Unintentional but extremely reckless murders 30. When dealing with Felony Murder, many states limit the felonies committed or attempted to those “inherently dangerous to human life”. The statutes in these states take 2 approaches to the term “inherently dangerous to human life.” What are the 2 approaches? There has to be some foreseeable danger to human life. Felonies that could kill someone if done wrong. 31. Please provide examples of felonies regarded as “inherently dangerous to human life”. Please provide examples of felonies that are NOT regarded as such. - "Dangerous to Human Life" = Burglary, Robberies gone wrong, Kidnapping -NOT regarded as dangerous = Forging a check 32. Voluntary manslaughter requires adequate provocation. What is meant by the term adequate provocation? What are the elements of adequate provocation? Please provide examples of adequate provocation. (Crime of passion) = Needs certain elements. There can be no cooling-off period between the adequate provocation and the killing. Has to be recognized by law - Varies from jurisdiction. (Spouse Cheating = Adultery) Subjective provocation - Specific and personal to the killer. Objective provocation - An ordinary person in the same circumstances would be provoked as well. 33. Explain the actus reus and mens rea in involuntary manslaughter. Actus Reus = Not the killing factor, another factor was the influence (Drinking and Driving) Mens Rea = Does not really have one, SHOULD be aware of the risk that a normal person would see. 34. Euthanasia or Doctor Assisted Suicide has its supporters and its critics. Explain the arguments on each side of the debate. People think it is immoral and should not be legal. Could cause wrongful death. Slippery Slope. Family members could try and get something out of it. No one has the right to help someone die but God. Some people might feel guilty for living. Doctors say it is an act of compassion stopping their pain and it should be their right to relieve their suffering. We have a right to our own bodies, why can't we terminate it? 35. List the differences between the common law crimes of rape and sodomy and the Sexual Violence crimes of today. Originally, criminal law only recognized two sex offenses Common law rape - Female. If you were a wife you could not be raped. Common law sodomy - Penis/Anus; only 2 men1. Under the law, the victim had to have been chased (No boyfriend, Had to be chased, No prior sex or rape.) 2. Had to report IMMEDIATELY 3. Had to have other witnesses to observe the rapeThe New Criminal Sexual Conduct Regim "Relaxed" definition of rape - More statutes that cover everything. Majority of rape victims are raped by men they know 36. Why are the crimes of rape, sexual assault, Involuntary Deviate Sexual Intercourse and other sex offenses different from any other crimes? Different from other felonies - Hardest crimes to investigate and prosecute. (The sexual behaviors involved = If agreed to, they are perfectly normal. It is the element of non-consent that makes it a crime and that has to be proven beyond a reasonable doubt.) No physical injuries. (These parts of the body do not show injuries often) Also, these crimes are not committed in public so no witnesses other than the victim and perpetrator. No evidence, no witnesses, and no injuries. Most victims do not report immediately. (This makes the evidence if any go away) Most people also have preconceived biases about sexual behavior. Victim blames.  37. Explain the types of force required for rape or other crimes of sexual violence. There does not have to be any force. Threatened force. Emotional force, Psychological force, Intellectual force, and Moral force. 38. Discuss generally the crime of stalking. Despite the fact that statutes vary across the country, what common requirements do they all share? Explain what is required in the Pennsylvania statue. What is the bad result in this crime? A person commits the crime of stalking when the person either: (1) engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or (2) engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person. (Bad Result = The Pink Ribbon!) The more the person does it the higher the grading gets. (Gifts) Needs to have a course of conduct - The behavior happens two or more times. Any act that happens more than once that would put them into injury or emotional distress. 39. Discuss, compare and contrast Kidnapping, False Imprisonment and Unlawful Restraint. Right of Locomotion (Kidnapping, Unlawful Restraint, False Imprisonment) Right to come and go without restraint Kidnapping (Most serious F1) - Move a person a substantial amount of distance from the place they were. (Drove a child away) Unlawful Restraint (Middle; M1) - Locked in a Room where there is a risk of serious bodily injury False imprisonment (Least; M2)- Restraining interfering with their liberty