Karen Kent
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Karenekent on March 28, 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 in which person at center (hub) directs one or more defendants in separate conspiracies (spoke) to accomplish criminal purpose |
| Accessory | One who, with knowledge that a crime was committed, assists the perpetrator (s) in hiding evidence of the crime or in escaping, 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 |
| Burglary | Inchoate crime: Defendant enters a residence or place of business with the intent to commit a felony therein |
| Attempt | Inchoate crime: Defendant tries to commit a criminal act and fails |
| Conspiracy | Inchoate crime: Two or more persons plan together to commit a criminal act |
| Factual impossibility | A defense to a charge of attempt, asserting that there was not criminal attempt because it was factually impossible to commit the target crime |
| General intent | The intent to commit the act itself without reference to any further criminal purpose |
| Inchoate crime | An act, criminal in and of itself, committed with the specific intent to accomplish 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 negligence state of mind cannot support a charge of intentional crime) |
| Merger | Inchoate crime: Other that 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 commission of the crime |
| Principals | All persons involved in instigating, planning, committing or assisting in commission of crime. Does not include accessories |
| Solicitation | Inchoate crime: One person asks, 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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