Inchoate Crimes
Must have an agreement between two people to commit a crime
What is conspiracy?
A person cannot be criminalized for this (i.e. being a narcotic or because of race or gender)
What is status?
The power of courts to strike down legislation and other governmental actions determined to be unconstitutional is known as __________ _______
What is judicial review?
concerns criminal laws that are written so broadly that they potentially infringe First Amendment freedoms
What is the doctrine of overbreadth?
This crime usually mergers into the target crime especially if the target crime is completed
What is attempt?
An act of ____________ in some circumstances may constitute a crime
What is omission?
involves betrayal of one's country, either by making war against it or by giving aid and comfort to its enemies
A criminal law that is excessively ________ in its proscriptions offends this principle and is thus invalid under the Due Process Clause of the Fifth or Fourteenth Amendments (depending on whether it is a federal or state statute)
What is vague?
The mere request to commit a crime
What is solicitation?
Name the three ways failure to act can result in a crime.
What is statutory duty, relationship to the victim, or by contract?
is a legislative act inflicting punishment on an individual or on a group of easily identifiable individuals
CRIMINAL INTENT MUST BE DISTINGUISHED FROM __________. TO OBTAIN A CONVICTION, A PROSECUTOR MUST ESTABLISH THE DEFENDANT'S CRIMINAL INTENT BUT NOT NECESSARILY THE DEFENDANT'S ______________ FOR COMMITTING A CRIME.
True or False: Conspiracy is distinct and separate crime; that is, it does not merge into the target crime
What is True?
_________ ___________ EXISTS WHEN A PERSON HAS SOMETHING UNDER HIS OR HER DIRECT PHYSICAL CONTROL.
What is actual possession?
Because it constitutes expression, ______ ________ is generally protected by the Constitution unless it falls within one of the recognized exceptions to the First Amendment.
What is hate speech?
The rule developed in most jurisdictions is that legal impossibility is a defense to the crime of attempt but factual impossibility is not. The distinction can be very close. For example, attempted rape requires a human victim
What is defense to attempt?
This inchoate crime often requires a substantial step
What is attempt?
A PERSON WHO HAS THE POWER AND INTENTION TO CONTROL SOMETHING EITHER DIRECTLY OR THROUGH ANOTHER PERSON IS SAID TO BE IN _____________ ________________
What is constructive possession?
the Court declared the right to keep and bear arms to be a personal right irrespective of actual or potential service in any militia
What is the 2nd Amendment?
If the crime solicited is committed or attempted by the solicitee, then the offense of ________ ordinarily merges into the target crime
What is solicitation?