KEY TERMS FOR CHAPTER 9
KEY TERMS FOR CHAPTER 9 007312
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This 2 page Study Guide was uploaded by Charlinda Hartfield on Thursday September 24, 2015. The Study Guide belongs to 007312 at University of Southern Mississippi taught by Michael McPhail in Summer 2015. Since its upload, it has received 16 views. For similar materials see Criminal Law in Criminal Justice at University of Southern Mississippi.
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Date Created: 09/24/15
KEY TERMS CHAPTER 9 Accessory after the fact One who assists aids or abets an accused after commission of a crime Accessory before the fact Person who was not at or near the scene of a crime but who did assist aid or abet a perpetrator prior to the commission of a crime Accomplice Person who assists aids or abets a perpetrator before the commission of a crime or who fails to prevent the commission of a crime when possessing a legal duty Attempt Separate offenses which render illegal certain steps taken in furtherance of an intended crime Bilateral theory two or more parties collaborate to constitute a conspiracy Conspiracy Multiple parties agree to commit a crime concert in criminal purpose Conspirators The parties to a criminal agreement or conspiracy Dangerous proximity test Examines whether a defendant was dangerously close to committing an intended crime Equivocality test Determines whether a defendant s actions were indicative of criminal intent Factual impossibility Inability to commit a crime due because certain facts were unknown or beyond control of the defendant Hearsay Oral or written statement made out of court that is offered in court to prove the truth of the matter asserted in the statement nchoate Incipient crime that generally leads to another crime uncompleted crime Indispensable element test Assesses whether a defendant has the ability to carry out crime Intermediary Third party used to solicit others Involuntary renunciation Reluctantly abandoning intent to commit a crime due to intervening causes Last act test Evaluates whether a defendant s actions constitute an attempt Legal impossibility Cannot be guilty of a certain crime when the required intent is absent or the wrong crime has been charged Overt act Action beyond mere preparation Physical proximity test Assesses what remains for a person to commit an intended crime Principal at the fact Accomplice present at the scene of the crime Probable desistance test Evaluates the likelihood one will desist from committing a crime Renunciation Defendant voluntarily abandons criminal endeavor Rule of consistency Person may not be convicted or conspiracy when all coconspirators have been acquitted Solicitation Commands encourages or requests another to commit crime Substantial step test Assesses whether a substantial step has been taken toward committing an intended crime Unilateral theory Permits conspiracy conviction of one person if he or she believes an agreement existed and intended to commit a crime Wharton s Rule Conspiracy applies only to crimes that require participation form multiple persons usually two or more
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