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18 terms

Amber Shannon LAP 106 set 2

STUDY
PLAY
"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)