Exam 2 Criminal LAw

an attempt of a crime needs both..

menus rea (the intention to commit a crime; and the actus reus ( an act to carry out the intent)

General attempt statue

a single statue tht applies to the attempt to commit any crime in the state criminal code

- would be a copy and paste statute for all crimes

dangerous act rantionale

looks at how close defendents came to completing their crime

attempt actus reus is difficult...

to prove

Dangerous Proximity to success test

asks whether defendants have come "dangerously close" to completing the crime. In Justice Holmes's words

-"There must be a dangerous proximity to success"

Model penal code "substatial steps" test

test that requires that attempters take enough steps towards completing the crime to prove that they're determined to commit

MPC test accomplishes there important goals

1. Replace (or at least drastically reform) the proximity and unequivocality tests with a clearer and easier to understand and apply test

2. Draw more sharply (and push back further toward preparation) the line between preparation and beginning to attempt the crime

3. base the law of attempt firmly on the theroy of neutralizing dangerous persons, not just on preventing dangerous conduct.

MPC substantial steps test for attempt actus reus includes 2 elements:

1."substantial steps" toward completing the crime

2. steps that "strongly corroborate the actors criminal purpose"

George Lee Mims, Sr. v. U.S.

A defendant can be convicted of attempt when there is clear intent to commit the crime and conduct that strongly demonstrates that intent, even if the crime is not completed.

-Mere preparation is not enough for attempt. The prosecution must show a clear overt act or substantial step toward completing the crime.

Conspiracy

the crime of AGREEING with one or more people to commit a crime

for the crime to be an conspiracy there needs to be a…

agreement

conspiracy actus reus two facts

1. an AGREEMENT to commit

2. an OVERT ACT in furtherance of the agreement

(conspiracy) an agreement to commit a crime can be….

unspoken

conspiracy to commit a felony of the same level as….

the under lying felony

Overt act requirement

the requirement of an act that furthers the agreement in conspiracy

-may “be of very small signifiance”

conspiracy mens rea

the mental element in conspiracy, SPECIFIC INTENT by authorities

-NOT DEFINED IN COMMON LAW, so courts define it

criminal objective

the criminal goal of an agreement to commit a crime

Unilateral approach to conspiracy parties

the rue that not all conspirators have to agree with or even know the other conspirators

Solicitation

the crime of trying to get someone else to commit a crime

Solicitation Actus Reus

ACTS that included some kind of INDUCEMENT to commit the solicited crime

-WORDS ARE ENOUGH

Solicitation criminal objetive

circumstance element is that the objective of the solicitaion is law breaking

Elements of murder

1. actus reus

2. mens reus

3. causation

4. death

5. attendant circumstances

The death penalty can only be imposed in which degree of murder

1st

1st degree of murder

1.) premediated/ delibrate

2) felony murder

Capital Case

the highest level of punishment of whatever jurisdiction your in

bifurcation procedure

onsists of a guilt phase in which a jury decides whether the defendant is guilty and a penalty phase in which a judge or jury determines whether the convicted defendant is to be sentenced to death or to a lesser penalty, usually life without possibility of parole.

voir dire

jury selection

opening statements purpose

giving the jurys a road map. This is what we think the evidence will be. Give a chronological overview of what happened. Dont over promise and under deliver

State/Govt case in chief espects of a trail

They go first. State/Govt has the burden of proof. Present evidence (Witnesss, exhibts, take judicial notes, stipulations

Defendant’s case in chief espects of a trail

defendant has no burden (unless asserting a defense)

when your direct exmainting your witness what type of quesions to do say

question that elict broad answer

When your cross examinating a witness what type of question do you ask

question thaat give yes or no answer

closing arugmuent

time for lawyers to be persuasive; put you “spin” on the evidence presented

inchoate crimes

what are some inchoate crimes

conspiracy what the word to look for

AGREEMENT. there has to be an agreement and an overt act (there needs to be a step taken to commit the act)

do words qualify for solicistiation act

yes

can coroprations be founded guilty of murder

Rare but they can be. (Ford pinto case)

vounteer manslaughter

involunteer manslaughter

aspects of the trial we watch with the quest speaker

plea agreement

diversion agreement

what does a trail running concerent mean

what does a trail running consecutive mean

assault crime

battery crime

kidnapping crime

false imprionment and confinment crime

what does asportation requirement mean