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Criminal Justice Chapter 7 Notes


Criminal Justice Chapter 7 Notes 3917

Marketplace > Washington State University > Criminal Justice > 3917 > Criminal Justice Chapter 7 Notes
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Criminal Justice 320
Michael Klein

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These notes are from my Criminal Justice 320 class which I haven't missed yet! I guarantee these notes have everything from class and have helped me on many of tests!
Criminal Justice 320
Michael Klein
Class Notes
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This 3 page Class Notes was uploaded by on Thursday February 26, 2015. The Class Notes belongs to 3917 at Washington State University taught by Michael Klein in Winter2015. Since its upload, it has received 21 views. For similar materials see Criminal Justice 320 in Criminal Justice at Washington State University.


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Date Created: 02/26/15
Chapter 7 Introduction 0 Inchoate crimes 0 Beginning crimes 0 Preparatory crimes 0 Uncompleted crimes 0 Three types 0 Attempt 0 Conspiracy O Solicitation Attempt 0 De nition 0 Unsuccessful effort to complete a crime 0 Complete attempt O Imperfect attempt 0 An individual fully completes a crime but does not succeed 0 You set up and shoot at your Wife but miss 0 Incomplete attempt 0 An indiVidual attempts crime but does not full complete 0 Stopped by a third party or extraneous event Why punish attempt 0 Common law 0 At one time the state didn t punish attempt Innocent actions 0 The state realized that it was impractical to require the completion of a crime to punish 0 Reasons 0 Retribution Retribution An attempt is as morally blameworthy as a complete crime Utility Lessened punishment may stop indiViduals from fully completing a crime Incapacitation The indiVidual Who attempts is still a danger to society 0 When is attempt actually a crime Elements of Criminal Attempt 1 an intent or punishment to commit a crime 0 Mens rea o Intentional performance of acts that are proximate to the completion of a crime 0 Possession of the specific intent to complete the crime 2 An act or acts toward completion of a crime 0 Must make a physical action 3 A failure to complete a crime 0 Can be stopped by any number of circumstances Actus Reus Defining the threshold of attempt is not easy 0 When is attempt actually a crime and to an innocent action o Is it attempted murder or just aggravated assault 1 Objective approach 0 Focuses on the danger of the offender s actions 0 Must be close to the completion of the crime 2Subjective approach 0 Focuses on the offender s intent o Allows for early intervention Legal tests 1 Physical proximity 0 Close to physical completion of a crime 0 An attempt occurs when it is very near or dangerously close to the completion of the crime An individual takes significant steps to complete the crime It is reasonable to believe that the individual will complete the crime A victim in the crosshairs 2 Unequivocally test 0 Clarity of purpose to commit a crime A reasonable person examining the totality of an offender s actions 0 Without any other information 0 Would conclude without a doubt 0 That the offender intended to complete the crime focus on what the offender has already done Allows for earlier intervention but gives the jury or other factfinder significant discretion Legal Tests 3 Substantial step 0 model penal code 0 Offenders actions other evidence intent attempt 0 Did the offender complete a substantial step towards finishing the crime Substantial step 0 not required to be proximate to completed crime 0 Act must be corroborated with intent to complete the crime Impossibility Should the defendant be held liable for an attempt when actual completion was impossible Factual impossibility Extraneous factor The offender takes steps to complete the crime Completion is prevented by fact of circumstance Not a defense Legal impossibility c There is no law that holds a defendant liable for his action 0 this is a defense OOOO


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