Amber Shannon LAP 106 set 2
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Created by:
amberrose19 on March 26, 2012
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18 terms
Terms | Definitions |
|---|---|
"Chain" conspiracy | Conspiracy in which various defendants perform different acts toward the accomplishment of a single criminal purpose |
"Wheel" conspiracy | Conspiracy at which person at center (hub) directs one or more defendants in seperate conspiracies (spokes) to accomplish different criminal purposes |
Accessory | One who, with knowledge that a crime was committed, assists the perpetrator(s) in hiding evidence of the crime or in escaping capture, trial or imprisonment. Not treated as a principal in underlying crime |
Actus reus | The "guilty" or "criminal" act. Every crime requires both a guilty act and a corresponding guilty mind |
Attempt | Inchoate crime: Defendant tries to commit a criminal act and fails |
Burglary | Inchoate crime: Defendant enters a residence or place of business with intent to commit a felony therein |
Conspiracy | Inchoate crime: Two or more persons plan together to commit a criminal act |
Factual impossibility | A defense to a charged of attempt, asserting that there was no criminal attempt because it was factually impossible to commit the target crime. |
General intent | The intent to commit the act itsef without reference to any further criminal purpose |
Inchoate crime | An act, criminal and in of itself, commited with specific intent to accoplish a second criminal purpose |
Legal impossibility | A defense to a charge of attempt, asserting that there was no criminal attempt because even if the intended act were completed it would not constitute a crime |
Mens rea | "Guilty" or "criminal" mind. The mental state of the defendant must coincide with the act and be sufficient for the type of crime charged (eg, a negligent state of mind connot support a charge of intentional crime) |
Merger | Inchoate crimes: Other than conspiracy, when the intended crime is accomplished the inchoate crime "merges" with (is not charged in addition to) the completed crime |
Overt act | In any prosecution for conspiracy, prosecution must show some act, not necessarily criminal, done in order to carry out the object of the conspiracy |
Parties to crime | Degrees of culpability for crime depending on the defendant's relationship to the actual commision of the crime |
Principals | All persons involved in instigating, planning, commiting or assisting in commision of crime. Does not include accessories |
Solicitation | Inchoate crime: One person asks, urges, incites another to commit a crime |
Specific intent | The intent to accomplish some criminal purpose in addition to the act itself (eg: entry into a building with intent to commit a larceny or felony therein) |
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