Criminal Law and Procedure Chp.3
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Created by:
LaRue12905 on October 20, 2010
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24 terms
Terms | Definitions |
|---|---|
 perpetrator | principles in the first degree--one who performs the physical acts that constitute the offense or commits the offense by use of an instrumentality. |
| aiders and abettors | principal in the second degree--person who assists the perpetrator in the commission of the crime while being actually or constructively present at the scene of the crime. |
| accessories before the fact | one who is not present wehn the crime is committed. |
| accessories after the fact | one who impedes the apprehension, trial or punishment of a felon. |
| instrumentality | use of an inanimate object, an animal, or an innocent human being to commit a crime. |
| innocent human agent | one who commits the physical acts constituting a crime, but who is innocent of the crime because of a legitimate defense. |
| triggerman | the immediate perpetrator of a homicide and often the only defendant who may be sentenced to death. |
| misprison of a felony | failure to report a known crime |
| compounding a felony | accepting a benefit in return for concealing a known crime |
| inchoate crime | an incomplete or imperfect crime. |
| solicitation | occurs when a person invites or requests another to commit a crime. |
| merger | a previously distinct offense is a subsumed within a greater offense. |
| attempted crime | the defendant intends to commit a specific offense and performs an act that constitutes a substantial step toward completing that offense. |
| 3 solicitation steps | mental state, physical act, social harm |
| mere preparation | portion of an attempted crime prior to the point at which consummation of the offense begins. |
| last proximate act test | the law generally deems the defendant to be guilty of an attempt after doing that the defendant believes is necessary to coomplete the intended offense. |
| dangerous proximity test | test considers three factors: temporal and geographical nearness of the prhibited harm, seriousness of the harm, and the degree of apprehension created. |
| probable desistance test | test forces on how far the defedndant has proceeded and the likelihood that the defendant will persist in the planned crime. |
| factual impossibility | a claim of defense because the efendants conduct could not succeed in bringing about the intended offense. |
| legal impossibility | a claim of defense because the defendants state of mind precludes commission of a recognized crime. |
| abandonment | discontinuance of a plan to commit a crime. |
| conspiracy | an agreement by two or more persons to commit an unlawful act. |
| Pinkerton Doctrime | each member of a conspiracy is criminally responsible for any crime committed by another party to the agreement as long as the committed crime was the object of the conspiracy or a natural consequence of the unlawful agreement. |
| Whartons rule | states that no conspiracy has occurred in an agreement between only the parties necessary for the commission of a substantive offense. |
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