Chapter 7 terms Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 7 terms > Flashcards

Flashcards in Chapter 7 terms Deck (28)
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1
Q

an individual who completely and voluntarily renouces his or her criminal purpose is not liable for an attempt.

A

abandonment

2
Q

an intent or purpose to commit a crime, an act or acts toward the commissin of the crime, and a failure to commit the crime

A

attempt

3
Q

there must be an agreement between at least two persons with the intent to achieve a common criminal objective

A

bilateral

4
Q

a conspracy in which individuals are linked in a vertical chain to achieve a criminal objective

A

chain conspiracy

5
Q

an individual takes every act required to commit a crime and fails to succeed

A

complete attempt

6
Q

an agreement to commit a crime. Varous state statues require an overt act in furtherance of this purpose

A

conspiracy

7
Q

comprises an intent or purpose to commit a crime, an act or acts toward the commission of the crime, and a failure to commit the crime.

A

criminal attempt

8
Q

a circumstance that is not created by a defendant that prevents the completion of a criminal act

A

extraneous factor

9
Q

a criminal act is prevented from being completed because of an extraneous factor

A

factual impossiblity

10
Q

an individual who is excluded from liability under a criminal stature may not be held legally liable as a conspirator to violate the law

A

Gerbardi rule

11
Q

attempts. conspiracy, and solicitation. Each requires a specific purpose to accomplish a criminal objective and an act in furtherance of the intent. These offenses are punished to the same extent or to a lesser extent than the target crime

A

inchoate crimes

12
Q

an individual abandons or is prevented from completing an attempt due to an extraneous or intervening factor

A

incomplete attempt

13
Q

an act that is incapable of achieving the desiring result

A

inherent impossiblity

14
Q

common law approach to attempt that requires the last step to the completion of a crime

A

last step approach

15
Q

the defense that an individual’s act does not constitute a crime as a matter of law

A

legal impossiblity

16
Q

requires an act that is very close to the completion of the crime

A

objective approach to criminal attempt

17
Q

an overt act in furtherance of an agreement is required under most modern conspiracy statutes

A

overt act

18
Q

an act constituting an attempt must be physically proximate to the completion of the crime

A

physical proximity test

19
Q

a conspiracy requires an agreement between two or more parties

A

plurality requirement test

20
Q

acts taken to prepare for committing a crime

A

preparation

21
Q

“the thing speaks for itself.” A test for attempt that asks whether an ordinary individual observing the acts of another would conclude that the individual intends to commit a crime

A

res ipsa loquitur

22
Q

a written or spoken statement in which an individual intnetionally advises, requests, counsels, commands, hires, encourages, or incites another person to commit a crime with the purpose that the other individual commit the crime

A

solicitation

23
Q

requires an act toward the commission of a crime that is sufficient to establish a criminal intent. The act is not required to be proximate to the completion of the crime.

A

subjective approach to criminal intent

24
Q

the Model Penal Code approach to determining attemot. There must be a clear step toward the commissino of a crime that is not required to be immediately proximate to the crime itself. The act must be committed under circumstances strongly corroborative of an intent to commit a crime

A

substantial step test

25
Q

a test for attempt that asks whether an ordinary individual observing a person’s acts would determine that the person intends to commit a crime

A

unequivocality test

26
Q

an individual with the intent to enter into a conspirational agreement is guilty regardless of the intent of the other party

A

unilateral

27
Q

a conspiracy in which a single individual or individuals serve as a hub that’s connected to various individuals or spokes

A

wheel conspiracy

28
Q

an agreement by two persons to engage in a criminal act that requires the involvement of two persons cannot constitute a conspiracy

A

Wharton’s rule