Attempt and conspiracy Bar Exam Flashcards - Medical Study Cards
Master Attempt and conspiracy with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Attempt and conspiracy Flashcard Deck - 8 Cards
Flashcard 1: What crimes may an accomplice be liable for beyond the crime he intended to facilitate?
Answer: Under the majority/natural-and-probable-consequences approach, an accomplice is liable for the target crime and for other crimes committed by the principal that are reasonably foreseeable consequences of the aided conduct. The minority approach limits liability to crimes the accomplice intended to facilitate.
Flashcard 2: What are the majority-law elements of criminal attempt?
Answer: Attempt requires intent to commit the target crime plus a substantial step toward its commission that strongly corroborates the criminal purpose. Mere preparation is insufficient.
Flashcard 3: What is the Pinkerton rule for a conspirator’s liability for another conspirator’s substantive crime?
Answer: Under the majority rule, a conspirator is liable for a substantive offense committed by a co-conspirator if it was committed in furtherance of the conspiracy and was a reasonably foreseeable consequence of it. The conspirator need not personally participate in or know of the specific offense.
Flashcard 4: What is the majority rule on factual versus legal impossibility as a defense to attempt?
Answer: Factual impossibility is generally not a defense: a person may be guilty when the intended crime could not be completed because of circumstances unknown to the person. Legal impossibility is a defense when the intended conduct, even if completed as intended, would not be criminal.
Flashcard 5: Under the majority rule, when can abandonment or renunciation defeat attempt liability?
Answer: At common law, abandonment after the defendant has completed the acts required for attempt is generally no defense. Under the modern majority of statutes, abandonment may be a defense only if the defendant completely and voluntarily renounces the criminal purpose before the crime is completed.
Flashcard 6: What are the elements of being an accessory after the fact?
Answer: An accessory after the fact, a separate offense from the underlying crime, knowingly assists the offender after the crime is completed with the purpose of helping the offender avoid arrest, trial, conviction, or punishment. The accessory must know that the offender committed a felony or, under some statutes, another specified serious offense.
Flashcard 7: Under the majority rule, when is a defendant guilty of conspiracy?
Answer: Conspiracy requires an agreement between at least two persons to commit an unlawful act, plus intent to agree and intent to achieve the unlawful objective. Most jurisdictions also require an overt act in furtherance, although the overt act may be innocent.
Flashcard 8: What are the elements of accomplice liability under the majority rule?
Answer: The defendant must intentionally aid, encourage, or facilitate the principal’s crime, with intent to assist and intent that the crime be committed. Mere presence, knowledge, or failure to intervene generally is not enough.
Keywords: Attempt and conspiracy flashcards, medical flashcards, NEET PG preparation, USMLE Step 1 flashcards, Anki alternative, spaced repetition medical, Oncourse flashcards
