18 terms

Karen Kent

"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
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
Inchoate crime: Defendant enters a residence or place of business with the intent to commit a felony therein
Inchoate crime: Defendant tries to commit a criminal act and fails
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)
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
All persons involved in instigating, planning, committing or assisting in commission of crime. Does not include accessories
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)