Inchoate Offenses
Yes!
While driving drunk, Tom causes a traffic accident, which results in the death of another motorist. What will Tom most likely be charged with?
Involuntary manslaughter
Repeatedly watching or harassing another person or engaging in a pattern of behavior that makes the victim feel afraid, nervous, harassed or in danger in called ____________.
Stalking
Name one category of homicides that are NOT criminal
Justifiable homicide
Excusable homicide
True of False: False imprisonment is a crime in Massachusetts.
True
Name one inchoate offense that merges into the target offense.
Attempt
Solicitation
A man comes home from work to find his wife in bed with another man. He becomes enraged and strangles his wife to death. What would the man in this scenario most likely be charged with?
Voluntary manslaughter
The attempt to inflict bodily injury upon another is called ________.
assault
What is a report of child abuse or neglect called in Massachusetts?
51A
If John attempts to pickpocket Shaun but Shaun's pockets are empty, can John use this fact as a defense?
Name one inchoate offense that does NOT merge into the target offense.
conspiracy
_________ refers to “ill will” or intent to do harm.
Malice
The crime of unlawfully restraining an individual is called ___________.
false imprisonment or false arrest
The forcible abduction and carrying away of a person against the person’s will is called ____________________.
kidnapping
The unlawful use of force against another that involves some injury or offensive touching is called __________.
Battery
Teresa hires Nick to kill her husband for $15,000. Nick follows through on his promise and kills Teresa’s husband. What can Teresa be charged with?
murder and conspiracy to commit murder
Throwing a large rock from an overpass onto oncoming traffic would most likely result in a charge of what?
2nd degree murder
In Massachusetts, __________________ is the crime of intentionally crippling, mutilating or hurting an individual so severely to the point that they are disfigured or maimed (i.e. permanently damage a part of the body).
mayhem
What are some aggravating factors for A&B in many jurisdictions?
use of a deadly weapon
serious bodily injury
A&B committed with intent to commit another felony
if victim is pregnant
if victim has restraining order against offender
Provocation that would cause a reasonable person to lose control may be sufficient to reduce charges of ____________ to __________.
Name the two inchoate offenses that generally DO require some act in furtherance of the target offense
Attempt and conspiracy
Name one example of something that would NOT constitute adequate provocation to reduce charges from 2nd degree murder to voluntary manslaughter.
words or gestures
a simple assault
What is the key difference between the crimes of false imprisonment and kidnapping?
Kidnapping requires movement or the carrying away of the victim (asportation)
___________ holds that two people cannot conspire to commit a crime such as adultery or bigamy because these offenses require two participants and cannot be committed by one person alone.
Wharton's Rule
Hale's rule