Elements of a Crime
A capital offense is one that results in the punishment of __________.
Death
The ___________ is one who performs the physical acts that constitute the crime or commits the crime by use of instrumentality.
Perpetrator
Which type of conspiracy has one person as the hub who has contact with the other people so that no direct contact is necessary between every member?
Wheel conspiracy
Attempt requires which level of mens rea?
Specific Intent
________________ distinguishes murder from manslaughter
Malice aforethought
Crimes mala in se are crimes that are ___________________.
Inherently evil without denouncement by a statute
The __________ is one who assists the perpetrator in the commission of the crime by being actually or constructively present at the scene of the crime.
In which type of conspiracy are parties linked together in a linear fashion, a community of interest among the parties is present, and each link relies on the other links to commit the crime.
Chain conspiracy
___________ is a claim of defense because the defendant’s state of mind precludes commission of a recognized crime.
Legal impossibility
If a man walks up to you with a knife and tells you to give him your wallet, he is committing which crime against a person?
Robbery
An affirmative action consciously taken by the defendant is which fundamental principle of a physical act?
Deliberate body movement
_____________ is also known as the “but-for-test of causation.”
Factual cause
What is the social harm caused by solicitation?
defendant tempted a presumable innocent person to commit a crime.
List the three tests used to determine if an act went beyond mere preparation.
Probable desistance test
Dangerous proximity test
Last proximate act test
If an offender kills a person in cold blood after careful prior deliberation, which type of homicide has the offender committed?
First degree murder
Name the three elements that are present for most crimes.
Mens rea (intent)
Physical act
Social harm
Conviction requires a finding that a person’s actions have been the _________ and __________ of social harm.
Legal and Factual
List the three inchoate offenses discussed in class.
Solicitation
Attempt
Conspiracy
In which case did the Supreme Court of New York decide the defendant and his friends were looking for the opportunity, but the opportunity never came; therefore, they did not progress to the point of nearness to the commission of the act as required for attempt?
People v. Rizzo (1929)
Name the scale of homicide recognized by Ohio.
Aggravated Murder, Murder, Voluntary Manslaughter, Involuntary Manslaughter, Reckless Homicide, Negligent Homicide, Aggravated Vehicular Homicide, Vehicular Homicide, Vehicular Manslaughter