My Crim Law Chap 2 Study Guide

Attempt

Has intent to commit crime, has act to carry out intent, but does not complete it

Conspiracy

Agreeing with one or more people to commit a crime

Solicitation

Trying to get someone else to commit a crime

There are 2 rationales for the crime of attempt.  Please name and explain the 2 rationales

1. Dangerous act rationale - How close to completing crime?

2. Dangerous Person rationale - how well developed was the criminal plan?

Explain attempt actus reus and attempt mens rea

Attempt Actus Reus - Deciding if steps were taken towards completing a crime beyond mere preparation

Attempt Mens Rea - Must be a well informed attempt to commit a crime to be convicted

In order to determine if a person’s acts have come close enough to the intended crime to qualify for attempt, there are 6 tests which may be used to analyze whether the person has satisfied the actus reus requirement of attempt.  List the 6 tests and give a brief definition of each.

1. All but last act test - Complete all except last step of committing crime

2. Dangerous proximity to success test - Coming dangerously close to success

3. Indispensable element test - Not charged if they did not acquire illegal items just because they said they would sell 

4. Unequivocality test - “If you are a fly on the wall” is there going to be a crime committed? Reasonable person thinks they have intent

5. Probable desistance test - Have come so close it seems unlikely that they would stop

6. Model penal code “substantial steps” test 

   1. Has the defendant taken a substantial step towards completing the crime?

   2. Did those steps show intent to commit?

Explain the voluntary abandonment defense

Even if someone has taken steps and has intent, can be used as defense that defendant completely and voluntarily abandoned criminal intent, as well as took step to prevent crime

Explain the difference between legal impossibility and factual impossibility.  Which one is a defense to attempt liability?

Legal impossibility - had criminal intent but what they did was not illegal

Factual impossibility - Full intent and act to commit crime but it’s impossible because of missed detail / variable outside of their control, this is not a defense

What are the two parts of conspiracy actus reus?

Must have agreement and overt act (further steps)

There are two types of large scale conspiracies:  wheel and chain.  Explain what each type is and how they differ from each other

Wheel - Usually mafia or gang related, center of the wheel is the boss, with spokes branching out, hub is involved all the time, spokes do their own specific thing each

Chain - People are not familiar with each other, steps pass along with each “link,” like drug dealing. From growing to shipping to selling to consuming etc

What does RICO stand for?  What types of crimes does it prosecute?

Racketeer Influenced and Corrupt Organizations Act. Political schemes, white collar schemes, typically by mafia type groups

What three elements need to be present to prosecute a common crime under RICO?

Pattern of racketeering

Part of Enterprise/Organization

Continues for period of time

Are there any advantages to prosecutors to prosecute under RICO?  Please explain those advantages and why they are advantageous

Any property used to commit crime can be seized and sold or reused by law enforcement

High prison sentences / fines

Easier to convict with multiple charges and suspects

Explain the actus reus and mens rea of Solicitation

Solicitation Actus reus - Acts that include some kind of inducement to commit solicited crime

Solicitation Mens Rea - Intent to have someone commit the crime

What is meant by the unilateral approach to conspiracy parties?

Member does not need to agree with or know about some or all of acts, will still get charged

Explain how the meaning of a “person” is integral to homicide law

Because a baby is not a person until a certain point. This changes how prosecutors charge murders of pregnant women

Explain the actus reus and mens rea of homicide

Homicide Actus Reus - physical act of killing

 Homicide Mens Rea - intent to kill

What is the difference between first degree homicide and second degree?

First degree homicide - Premeditated, intentional 

Second degree homicide - Intentional, but not premeditated

Explain the difference between voluntary manslaughter and involuntary manslaughter

Voluntary manslaughter - sudden intentional killing in “heat of anger” 

Involuntary manslaughter - unintentionally killing but acted recklessly

What is felony murder?

When someone dies as a result of a felony crime being committed, even when unintentional

In the early history of homicide law, what rule usually applied to babies not yet born when their mother fell victim to murder?

Born alive rule - A fetus must be born alive to be considered a victim of homicide. Heart beat and breathing

What do states do now to address the issue of unborn babies whose deaths are caused by a homicidal act?

Feticide / Fetal homicide laws. Perpetrators are charged for harm to both pregnant woman and their unborn child

What is the Uniform Brain Death Act?

Person is dead if they have irreversible damage of brain functions

What is the bifurcation procedure as it applies to the death penalty?

First trial to determine guilt of murder, second trial to determine if death penalty imposed

Explain what is meant by aggravating and mitigating circumstances as it applies to death penalty cases.  Please provide examples of each

Something that makes a crime more or less severe.

Aggravating - Multiple victims, cruel way of killing such as torture, vulnerable victim like a child, killing someone for money, past criminal activity, deadly weapon.

Mitigating - No prior record, was under emotional distress, was coerced by another, was doing so to put someone out of misery

What types of evidence would you use to prove premeditation?  Provide examples to illustrate.

What happened before, during, and after murder

Did defendant buy weapon before, bring knife to scene during, hiding items after

What is Depraved Heart Murder?

An unintentional but very reckless murder

When dealing with Felony Murder, many states limit the felonies committed or attempted to those “inherently dangerous to human life”.  The statutes in these states take 2 approaches to the term “inherently dangerous to human life.”  What are the 2 approaches?

1. Whether the facts and circumstances of a case create a foreseeable danger to human life, case by case.

2. If felony is inherently dangerous

Please provide examples of felonies regarded as “inherently dangerous to human life”.  Please provide examples of felonies that are NOT regarded as such

Inherently dangerous - Burglary, robbery, rape, arson, kidnapping

Not inherently dangerous - Tax evasion, fraud, perjury (lying under oath), embezzlement

Voluntary manslaughter requires adequate provocation.  What is meant by the term adequate provocation? 

A reasonable person would lose control and act impulsively. No cooling off period. Walking in on spouse cheating. 

What are the elements of adequate provocation?  Please provide examples of adequate provocation

• It has to be recognized by law

• Subjective provocation - Defendant was provoked

• Objective provocation- Reasonable person would react the same way

Explain the actus reus and mens rea in involuntary manslaughter

Involuntary Manslaughter actus reus - physical act that caused death

Involuntary Manslaughter mens rea - defendant did not intend to kill but acted recklessly or with negligence

Euthanasia or Doctor Assisted Suicide has its supporters and its critics.  Explain the arguments on each side of the debate

Supporters: Control of own bodies/lives, relief from suffering, dignity, financial relief

Critics: Potential of abuse, medical ethics, slippery slope, person administering is usually not a professional

List the differences between the common law crimes of rape and sodomy and the Sexual Violence crimes of today

Common law rape

• Male on female

• sexual intercourse by force

• female had to resist with all of their might

• a man could not rape his wife, victim cannot be wife

• Had to be eyewitnesses

• Crime reported immediately

• Had to be chaste

Common law sodomy

• Anal intercourse between two males 

Sexual assault today - Do not need eye witnesses, don’t need physical evidence, victim does not need to fight back

Why are the crimes of rape, sexual assault, Involuntary Deviate Sexual Intercourse and other sex offenses different from any other crimes?

Hard to prosecute and investigate. No witnesses, hard to prove lack of consent, sometimes victims wait to tell law enforcement, evidence lost

Explain the types of force required for rape or other crimes of sexual violence

Physical force - overpowering, hitting

Verbal coercion - using threats or intimidation to pressure the victim

Emotional manipulation - Psychological tactics, guilt tripping, victimization

Discuss generally the crime of stalking.  Despite the fact that statutes vary across the country, what common requirements do they all share? Explain what is required in the Pennsylvania statue.  What is the bad result in this crime?

Repeatedly commits acts towards another person or communicates with person, following person without authority, intent to place fear of bodily injury

Bad result - Psychological and emotional impact on the victim. Anxiety, depression, insomnia, fear, etc

Discuss, compare and contrast Kidnapping, False Imprisonment and Unlawful Restraint

Kidnapping

• Unlawfully moving victim a substantial distance

  • Substantial distance can be state to state or room to room, depends on situation

Unlawful restraint

• Interfere with someone’s right of locomotion, to restrain them

• AND put at risk of serious bodily injury

False imprisonment

• Interfere with someone’s right of locomotion to restrain them

NOT at risk of serious bodily injury