POLI 3120 Study Guide - Spring 2018, Comprehensive Midterm Notes - Iowa, Felony, Misdemeanor

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POLI 3120
MIDTERM EXAM
STUDY GUIDE
Fall 2018
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Peter Persaud
725 S. Clinton St
Wednesdays 8am-12pm
351-1327 extension 116
Chief Public Defender: supervising attorney for public defender in Iowa city.
Saturday Feb 17th. 10-2 at law school.
I. 2 parts of the crime
a. The act:
b. The intent: specific intent vs general intent.
i. Specific intent: had the intent to specifically do a crime
ii. Geeral itet: did’t have a specific criial itet
1. OWI.
II. Most criminal statutes are state statutes. Criminal law is usually a state specific thing.
a. Assault, murder, criminal mischief,
III. Feds: possession of firearm, drug cases, pornography.
IV. System works because you have good prosecutor, defender, and independent judge/jury
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Responsible for what is in the book.
Grading:
10% participation
20% presentation
30% midterm
40% final
Chapter 5:
I. Inchoate:
a. Definition: on its way to complete crime
b. Conspiracy:
i. Multiple Parties to the crime
ii. The crime:
iii. Agreement to commit a crime.
iv. In Iowa, you need something furthering the conspiracy. Have to be steps taken
further to implement the agreement.
v. Conspiracy is not a crime in itself, it has to be attached to another crime.
Conspiracy to commit..
vi. An overt act does not have to be a criminal. A person who commits an overt act
cannot be found guilty of Conspiracy unless that person also agreed and
intended the offense would be committed.
vii. A oert act is ay act idicatig a perso’s itet to accoplish offese. The
overt act itself does not have to be a criminal act.
viii. Usually comes into drug offenses. Have undercover people. Confidential
informants.
c.
II. Jury instructions
a. This is how they interpret the law. Given instructions by the judge
III. Another inchoate crime:
a. Solicitation
IV. Attempt:
a. Definition: an intent to commit a crime coupled with an act taken towards the
commitment of the offense
i. Has to be a substantial step towards committing the crime
b. Usually need a specific intent to commit the target crime
V. Soliticiation
a. Definition: offense of requesting or encouraging someone to engage in illegal conduct
i. Difference between conspiracy: need two or more people agreeing.
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