Ch3/Ch4 Criminal Law

anticipatory crime

Crimes in the process of being committed, but not yet completed. Leads to another crime

Ex: Criminal solicitation

inchoate crime

Crimes not yet completed, but still in process of being committed. Leads to another crime

Ex: Conspiracy, attempt

preliminary crime

Crimes not yet completed, but are in the process of being completed.

Requires sufficient planning

legal impossibility

When the intended act does not constitute a crime even though the actor believes it is a crime

factual impossibility

When the attempt is made but the crime is not successfully completed

actus reus

The criminal act (or failure/omission to act)

mens rea

The mental state of the offender; falls under one of four categories: purposely, knowingly, recklessly, negligently

scienter

A form of specific intent requiring a showing that the actor knew of the existence of certain facts.

Ex: One cannot be guilty of possession of stolen property if one does not know property was stolen

solicitation

Involves attempting to get another to commit a crime

conspiracy

An agreement between two or more people to engage in unlawful acts

“a meeting of the minds”

willful blindness

Case where defendants have raised lack of knowledge, a judge will instruct the jury to find the "knowledge" to find if the defendant deliberately avoided learning the facts

intent

The mental purpose or design to commit a specific act (or omission); it is frequently an essential element of crime

motive

The cause, inducement, or reason why an act is committed; it is not usually an essential element

accomplice

A person who helps another commit crime

concurrence

The requirement that actus reus and mens rea both be present for a crime to have occurred

Model Penal Code

Defines elements of an offense such as conduct, attendant circumstances, and result; proposed criminal code drafted by the American law institute

proximate cause

Refers to the ordinary and probable consequences that follow from actions

statute of limitations

The legal limit as to how long an offender may be charged with a crime and tried in a court of law

actual possession

The physical possession or control of an object

constructive possession

Exists when a person has both the power and the intention to later take control over something

presumption

A rule of law that the trier of fact shall assume the existence of a state of fact without evidence being produced

inference

A conclusion or deduction that a jury or judge may draw from a fact, or a group of facts presented to them

true crime

This crime historically has always contained the two elements

strict liability crime

This crime does not require the mental element

When you plan a conspiracy, you are responsible for

Everything that occurs

reasonable doubt

Meaning that there must be no room for error in judgment; must be able to be proven

attempt crime

Acts that are a substantial step toward the commission of a crime that is not yet completed

parties to the principal crime

Under common law, person(s) who either committed the crime, or aided and abetted the commission of the crime or the person(s) who committed the crime

principal in the first degree

The person(s) who actually committed the crime, and would receive the death penalty if applicable

principal in the second degree

A person(s) who was present at the commission of the crime, was not involved in the planning of the crime, but aided and abetted in the actual commission of the crime

accessory before the fact

A person(s) who, knowing that a crime was to be committed, aided in the preparation for the crime but was not present at the time the crime was committed

accessory after the fact

A person(s) who knew that the crime had been committed and gave aid or comfort to the person who committed the crime

Pinkerton Rule

Followed in federal courts is that one conspirator is liable for crimes committed by another conspirator, if foreseeable and done in furtherance of the conspiracy

post crime offense

Actions taken after a crime has been committed, with knowledge that the crime was committed, which provide aid to the person who committed the crime

specific intent

The intent necessary for one or more elements of the offense

cause in fact

Means that the result would not have happened "but for" the prohibited conduct

corroborating factors

Parts of evidence that are pieced together to create a narrative, helps define the substantial step or criminal act

instrument of crime

Anything specially made or specially adapted for criminal use, such as a lethal weapon or body armor to protect against lethal force