CJ 2360 Test 2 Review

CJ 2360 Test 2 Review - CJ 2360 Test 2 Review IV Inchoate...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
CJ 2360 Test 2 Review IV. Inchoate or Anticipatory Crimes Those acts that ho beyond mere thought but occur before the criminal act is completed Most common are attempts, solicitation, and conspiracy Solicitation- getting someone else to commit crime o was originally called “incitement” o Rex v. Higgins o Elements of Solicitation: The intent that another party commit a crime Asking, encouraging, or requesting another to commit a crime Conspiracy- involves more conspirators and jointly forming a plan with specific intent o Elements of Conspiracy: An arrangement between 2 or more persons With specific intent (for the purpose of) Achieving an unlawful objective or achieving a lawful objective in an unlawful manner The commission of an overt act in furtherance of the conspiracy o No person may be convicted of conspiracy, except for felonies of the first and second degree, unless an overt act in furtherance of the conspiracy has occurred 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Criminal Attempts- must start with specific intent; for someone to be guilty of crime, they must go farther than preparation, had to get into actual PERPETRATION o US v. Jackson o Possessing materials to be used in a crime o Elements of Attempt: The intent to commit the acts or cause the result constituting the crime of attempt The intent necessary to commit the substantive crime o Special Problems in Attempt: Legal impossibility- a defendant cannot be punished for attempting to do something that is not a crime, even if he misunderstands the law and believes it is not a crime Factual impossibility- a defendant will be found guilty of the crime of attempt even if it was factually impossible for him to commit the crime. The issue is not misunderstanding of the law but a mistake as to the facts surrounding the crime. Criminal Responsibility for the Conduct of Another o Accomplices and Accessories “If I’m an accomplice or accessory of a crime, I didn’t do ACTUAL crime, I just helped in planning, execution, etc.” Parties to a crime (Common Law)
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/15/2008 for the course CJ 2360 taught by Professor - during the Spring '08 term at Texas State.

Page1 / 8

CJ 2360 Test 2 Review - CJ 2360 Test 2 Review IV Inchoate...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online