CJ 204 Test 3

When 2 or more people agree to commit a crime, the agreement itself is a crime called what?

Conspiracy

Most states need the agreement plus ___ before they can be charged with conspiracy.

purposeful conduct to carry out the objective of the agreement

The agreement is not required to be what

Written

1 example where solicitation to commit a crime is a crime

Hiring someone to kill another person

What is the statute which is passed during the Nickson administration that was previously used to go after the mafia - know crime and acronym

RICO - Racketeering

This crime allows crimes from other counties and states to be included in the indictment - 2 have to be in the same county

Racketeering

Defense where they believe they are committing a crime but they are not even if intended - believe selling weed but sells powder

legal impossibility

Defense where intended to commit a crime but action is not finished

factual impossibility

Of the 2 above which is a legal defense - 1 is an absolute defense

legal impossibility

3 examples of inchoate crimes

conspiracy - solicitation - attempt

In the MPC they use what test(s) to determine criminal attempt to commit a crime -  used to determine if guilty of criminal attempt

proximity test - indispensable element test - dangerous persons test - probable distance test

Related to test above what is NOT criminal attempt  

Substantial steps test

What does inchoate mean

to begin

Principles of ____ degree and ____ degree are treated the same even with different name

1st degree - 2nd degree

What can be prosecuted for crimes - comes from New York Central v. U.S.

corporations

What clause did they use to uphold the case

the interstate commerce clause

What company paid 10bil to government to dismiss the case where the car was faulty

General motors

Chism case what was the holding, was it reverse

jury found that Chism assisted Lloyd - not reversed

In Ulvinen was the mother held as a party to a crime

No - case was reversed

For an accomplice to be held responsible they need to do what - 4 words

Purposely helping another commit a crime - Knowingly helping someone who is going to commit a crime but not for the purpose of benefiting from the crime - Take some positive act in aid of the commission of the offense - ?

What are the 7 types of accomplices

aid - abet - assist - counsel - procure - hire - induce

What is the M’Naghten Rule

defendant has a mental disease or defect at the time of the crime - the disease or defect caused the defendant not to know the nature and quality of their actions they were doing or that his/her action were wrong

Being mere ____ at a scene of a crime is not illegal unless contact

present - mere presence rule

Modern approach who is person called before and during crime

accomplices

Modern approach person called when help after crime

accessories

What do we call a liability when … ex parent and child - give ex in the last month that demonstrates

vicarious liability - Colt Gray case

Liable for someone else's conduct ex parties to a crime

Complicity

Syndrome only applied to women but not a valid defense for mitigating or dissolving of criminal liability

PMS

Syndrome during postpartum depression to draw attention to her and child

Munchausen syndrome

Syndrome explains how children accommodate sexual abuse

Child sexual abuse accommodation syndrome

Defendant used what defense in the American sniper case

PTSD defense

Minority entrapment is ____ test and focuses on ____

objective test - the actions the government took to induce the individual to commit the crime

Majority test for entrapment where defendant is doing what

Subjective test - looks at whether the defendant was predisposed to commit the crime

Intoxication that cant be used as a defense

Voluntary intoxication

What are the 2 requirements for duress defense - can’t be used in the crime of what

threat of serious bodily harm - imminent danger if you don’t comply - murder

Which insanity defense did miss bobbit use to convince jury she was not guilty for cutting off husbands penis

Irresistible impulse defense

Defense attorney believes defendant is not mentally able to do trial he can motion for what - what are the 2 requirements - what happens if attorney is successful - what happens to client

Motion for dismissal of case - proof of mental inability and ? - client is sent to a mental health facility

4 tests for insanity

Right-wrong test - irresistible impulse test - product test - substantial capacity test

Same test NC uses and has 4 parts - majority test

right-wrong test