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Intending to commit a crime and taking steps to complete it but something interrupts the completion of the crime's commission |
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Agreement between two or more persons to commit a crime |
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Urging another person to commit a crime, even though the person doesn't respond to the urging |
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Offenses based on crimes not yet completed |
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Offenses of general application |
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Describes the inchoate crimes, which are partly general and partly specific |
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Looking at how closely a defendant came to completing a crime |
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Dangerous person rationale |
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Looking at how fully a defendant developed a criminal purpose to commit a crime |
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Statute that defines the elements of attempt that apply to all crimes |
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Attempt statutes that define the elements of attempting to commit specific crimes |
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Specific intent to commit a crime that's never completed |
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Steps taken to complete a crime that's never completed |
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Your acts brought you as close as possible to completing the crime |
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Tests of dangerous conduct: physical proximity, dangerous proximity, and indispensable element |
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Dangerous proximity to success/physical proximity test |
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Looking at the seriousness of the offense intended; the closeness to completion of the crime ; and the probability the conduct would actually have resulted in completion of the crime |
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Indispensable element test |
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Asks whether the defendants have gotten control of everything they need to complete the crime |
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Unequivocality test/res ipsa loquiter test (the act speaks for itself) |
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Examines the likelihood the defendant won't complete the crime (attempt law) |
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A dangerous person test that focuses on how far defendants have gone, not on what's left for them to do to complete the crime |
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Substantial steps test/MPC test |
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In the Model Penal Code, substantial acts toward completion of a crime that strongly corroborate the actor's intent to commit the crime |
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Acts amounting to just getting ready to commit a crime (attempt law) |
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The defense that what the actor attempted was not a "crime" |
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The defense that some extraneous factor made it impossible to complete the crime |
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A condition beyond the attempter's control |
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Defense of voluntary abandonment |
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The actor voluntarily and completely gives up his criminal purpose before completing the offense |
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Agreeing to commit a crime |
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Consists of two parts: 1) an agreement to commit a crime (in all states) and 2) an overt act in the furtherance of the agreement (in about half the states) |
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Overt act (in conspiracy) |
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Requirement of conspiracy actus reus of some act toward completing the crime in addition to the agreement |
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Specific intent to commit a crime or specific intent to commit a legal act by illegal means |
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The criminal goal of an agreement to commit a crime |
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Unilateral approach (in conspiracy) |
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Not all the conspirators need to agree to commit a crime to impose criminal liability (conspiracy actus reus) |
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One or more defendants participate in every transaction |
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Participants at one end of the chain may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale |
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Trying to get someone to commit a crime |
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Urging another person to commit a crime |
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Intent to get another person to commit a crime |
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