INCOHATE
CRIMES
CRIMES
This inchoate crime is defined as asking, enticing, or urging another person to commit a criminal act
What is solicitation?
The unlawful killing of another human being.
What is homicide?
This crime requires the trespassory taking and carrying away of the personal property of another with the specific intent to steal it
What is larceny?
The unlawful application of force resulting in bodily injury or offensive touching.
What is battery?
A defense where the act is wrong, but the actor is not morally blameworthy.
What is an excuse?
This inchoate crime requires an agreement between two or more people and at least one overt act.
What is conspiracy?
This doctrine allows intent to kill to be inferred from using an object likely to cause death.
What is the deadly weapon doctrine?
While robbery involves a threat of immediate force, this crime involves a future threat used to induce the victim to hand over property.
What is extortion (or blackmail)?
This crime is often referred to as an attempted battery or the intentional creation of a reasonable apprehension of imminent bodily harm
What is assault?
These types of defenses, such as self-defense or necessity, are based on the premise that the defendant’s conduct was the right moral choice or legally permitted.
What are justifications?
While the Model Penal Code applies the "substantial step" test for this crime, the common law uses the more restrictive "dangerous proximity" test to determine how close the actor came to success.
What is attempt?
This legal limitation prevents the felony murder rule from applying if the underlying felony is not "independent" of the killing
What is the merger doctrine?
Here, the victim is induced through lies or deceit to give up the legal title (ownership) of their property.
What is false pretenses?
This specific type of assault requires the victim to be aware of the threat, as they must experience a "reasonable apprehension of imminent bodily harm.
What is intentional scarring?
This defense applies when a "disease of mind" makes an actor incapable of knowing right from wrong or making meaningful moral choices.
What is insanity?
At common law, attempt liability depends on how close the defendant came to completing the crime under this test.
What is the dangerous proximity test?
Intent to kill, intent to cause serious bodily injury/harm, depraved heart, and felony murder.
What is malice aforethought?
A defendant is guilty of this crime if they are already in lawful possession of property—meaning they were entrusted with dominion and control—but then perform a "fraudulent conversion.
What is embezzlement?
This crime involves the dismemberment, the severing of a body part, or permanent disfigurement; often referred to as "maim," commonly known as "aggravated burglary."
What is mayhem?
This defense argues that the defendant chose the lesser of two evils to avoid a greater harm.
What is necessity?
D agrees with an undercover officer to rob a store, but the officer never actually intends to commit the crime. Under this approach, D can still be guilty of conspiracy.
What is the unilateral approach (MPC rule)?
This form of unintentional homicide can arise from a failure to act if the defendant has a legal duty, such as one created by a contract, a statute, or the "creation of peril."
What is involuntary manslaughter?
D is entrusted with company funds and secretly transfers them to a personal account. The key distinguishing element of this crime is this type of possession.
What is lawful possession?
D raises a bat and swings at V, intending to hit him, but misses completely. V never saw the swing and was unaware of any danger. Based on these facts, D can be guilty of this form of assault, but not this alternative form.
What is attempted battery (assault), but not intentional scaring?
This defense excuses minors from criminal liability because they are considered incapable of fully understanding moral choices.
What is infancy?