Fundamental Elements
Legal Goulash
Elements Inchoate Crimes
Inchoate Crimes
Defenses
100
The rationale for the _____ requirement is to prevent a person from being guilty of an offense based on evil thoughts or intent alone.
actus reus
100
The state of mind where the act is intended and a particular result is sought or intended as well. (A particular result beyond the act itself was sought).
specific intent
100
Under the common law, the mens rea requirement for a crime of attempt was . . .
specific intent
100
What is the the most frequently charged inchoate offense
attempt
100
Renunciation/abandonment is a defense to what Florida crime?
conspiracy
200
The text indicates two fundamental elements of a crime are actus reus and mens rea. What is the third element that your instructor added?
causation
200
In Florida the recognized parties to a crime are principal in first degree and . . .
accessory after the fact
200
In Florida the mens rea requirement for a crime of attempt is...
the same as the target crime/attempted crime
200
The legal doctrine that states that a member of a conspiracy is liable for all offenses committed (by all conspirators) in furtherance of the conspiracy. Conspirators are agents of each other.
Pinkerton's Rule
200
In Florida, it is a defense to conspiracy to withdraw from the conspiracy and. . .
prevent the target crime from taking place
300
A person cannot be held criminally liable for a (an) __________.
intention
300
An actor cannot be a(n) ____________ cause without first being a(n) ________________cause.
proximate; actual
300
In Florida the actus reus requirement for attempt is. . .
ANY step toward completion beyond talking or thinking about it
300
Due to the doctrine of merger a defendant cannot be convicted of both. . .
attempt and the target crime
300
In Florida what is recognized as a defense to the crime of attempt?
abandonment prevention of the target crime
400
The mens rea for a strict liability crime is . . .
there is no mens rea for strict liability
400
The defendant’s intent to harm one party is transferred to the party actually harmed is called...
transferred intent
400
In general the actus reus of conspiracy is . . .
agreement to commit a crime (unlawful agreement)
400
The legal doctrine that holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy since these offenses require two participants is known as _______.
Wharton's Rule
400
Traditionally, impossibility is a defense to what crime?
attempt
500
For failure to act (omission) to result in criminal liability there first must be...
a legal duty to act
500
The result that occurs is a natural and probable consequence of the defendant’s voluntary act and there is no intervening factor sufficient to break the causal chain is ______________.
proximate cause
500
In general the 1 word actus reus of solicitation that was provided during class is. . .
communication
500
A person who paid another to commit kidnapping could still be found guilty of ________ if a police officer intervened and prevented the abduction.
solicitation
500
a __________________ is a circumstance where the defendant would not have committed the target crime even if he successfully completed all that he tried to do.
legal impossibility