Criminal attempt is an attempt to commit a crime that never gets completed. The crime of attempt boils down to 3 elements:1) Intent or purpose to commit a specific crime. 2) Act or acts to carry out the intent. 3) Failure to complete the crime. Ex: A 13 year old boy hated his neighbor with a passion. One night, he went into his 75 year old neighbor's home at 11 pm while she was sleeping to kill her. He was trying to beat her to death but did not know that her 25 year old son was in the basement visiting her at the time. He caught the boy beating on his mother.
Criminal solicitation is trying to get someone to commit a crime. Actus reus and mens rea are required by law. Ex: A son and mother wants to get rid of the father for his life insurance. They talked the son's best friend into killing his father because they were scared they would not be able to do it. So the son and his mother would be charged with criminal solicitation.
Criminal conspiracy is a crime agreeing to commit a crime with 2 or more people, not actually committing nor attempt or even preparation to committing crimes. Ex: 3 best friends agreed to rob a laundromat in the neighborhood. They would split the values they get in 3. The boys would be charged with conspiracy to buglary.
The elements of criminal attempt are intent or purpose to commit a crime, an act or acts to carry out the intent and failure to complete the crime. Example: Tim the thief, is bragging that this friday he is going to hold up Smith's gocery store, an employee of the store overhears this and tells the owner. Friday comes and Tim puts a gun in his pants and walks into the store, immeadiately the owner gets on the phone with the police,Tim gets suspicious and leaves the store, on the way out the cops nab him and arrest him and he is charged w/ attempted robbery. Tim had the intent, the gun and the action. Leaving because of fear of being caught is not a defense against attempted robbery.
Conspiracy is the act of agreement between two parties to commit a crime. In half the states the agreement itself is actus reus, in the other half you have to also have another act to further the agreement called the overt act, also to satisfy mens rea there must be an intent to achieve a criminal objective.
Example: Tom calls Joe and says Pete hit the number. Joe suggest they rob Pete and split the money, Tom aggrees and says Pete will be walking past the corner at 8 o clock tonight, he says meet me at 7:30 on the corner and we'll rob him. Joe says I agree I'll see you there.
Solicitation is the crime of trying to get someone else to commit a crime. The effort to get someone to commit a crime is the actus reus. Words that convey the purpose to get someone to commit a crime satisfy mens rea.
Example: While Tom Capano was awaiting trial for murder, he offered another prisoner $10,000 to get someone to kill a witness against him, he draws a map of the witness's home and gives it to the other prisoner, the prisoner notifies authorities and shows them the map and Capano is charged w/ solicitation to commit murder.
Criminal attempt is criminal liability for trying to commit crimes. The three elements of Criminal Attempt is 1.) Intent or purpose to commit a specific crime. 2.) Act or acts to carry out the intent. 3.) Failure to complete the crime. There are two types of attempt satatues, General attempt statue is typical "A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense." Specific attempt statues define attempted murder, attempted robbery, attempted rape, and so on in seperate statues. Attempt mens rea, you dont have to worry about knowing, reckless, negligent, or strict liability attempts.
ex) A man decides to go rob a jewlery store, they get there take all the money and jewlery but as he is about to leave the cops turn up, the suspect drops the bag and fled the scene.
Conspiracy, the crime of agreeing to commit a crime. Conspiracy works hand in hand with attempt to nip criminal purpose in the bud. Conspiracy strikes at the special danger of group criminal activity.
ex.) A women and her coworker decide they want to kill their employee and rob the buisness they will be charges with Conspiracy.
Solicitation, the crime of trying to get someone else to commit a crime.
ex.) A mother and a father talk their children into killing their grandparents so they get the money from the Will and life insurance.
Attempt: crime that never gets completed. 3 Elements: Purpose, acts to carry out criminal purpose, and failure to complete the crime but rsulting in some injury. Example: A ex-boyfriend goesto his ex-girlfriend house with a large knife. He approaches the woman with the knife raised over his head saying, "I'm gonna kill you!" While he's attacking his ex-girlfriend someone interferes and he never killed her, he only caused bodily injury.
Conspiracy: agreeing to commit a crime. Example: 2 brothers and a friend conspire to rob a jewelry store. Each person is given a specific job to carryout, in order for the robbery to be a success. Once the robbery is completed everything stolen is split 3 ways.
Solicitation: trying to get someone else to commit a crime. Example: a young kid wants his father and mother dead. He hires somone to kill them for him. He agrees to pay up front 5,000 dollars and once the job is completed another 5,000 dollars.
Criminal Attemp is the attemp to commit the crime that's never completed. It cosists of 3 elements: intent to commit a specific crime, ats to carry out the crime and failure to complete. Ex. Two boys one 9 and the other one 13 yrs old. 13 yrold is at home and tells mom that hes going out to play with the 9yr old. 9 yr old tells 13 yr old to go play next to a white truck at the end of the block, once there 9 yr old pulls out a screw driver and hands it to 13yr old. They start messing with the lock until cop car drove by. Both get arreted.
Solicitation is the act of hiring or getting someone else to commit crime. Both actus reus and mens rea are required. Ex. I hire a hitman to kill my husband to inherit his millions.
Conspiracy is agreeing to commit a crime with 2 or more people. Ex. 4 friends decide to rob a bank. Each have one task to complete the robbery. One they rob the bank they split the money in equal parts.
lets say a man was wanting to have sex with a prostitute and the prostitute was a undercover police officer and the man went to the block were the prostitues are and handed her the money for sex he would have solicitated to prostiution. lets say a women wanted to buy drugs and the cops had an undercover drug buy sting and the women went to buy crack cocaine and when the undercover handed her the drugs she decided that the crack cocaine rock was not big enough.
1.To attempt something means to seek to do it, to make a deliberate effort in that direction. And it has to contain these three elements 1.Intent or purpose to commit a specific crime 2.Act or acts to carry out the intent 3.Failure to complete the crime An example for attempt is a person beats someone severely and shoots them in the head and leaves them for dead but the person doesn’t die that’s attempted murder because they attempted to kill the person but he did not die.
2.Solicitation is the crime of trying to get someone else to commit a crime. There has to be some kind of inducement to commit a crime and also words that convey that their purpose is to get someone to commit a specific crime. An example is if I offer friend 50,000 dollars to kill my husband then I’ve committed solicitation.
3.Conspiracy the crime of agreeing to commit a crime, is further Removed from actually committing a crime than either attempts or even preparation to commit crimes. An example is if I agreed to help someone kill someone and state that its an agreement and that day the murder was to occur I get in the car and drive to the murder scene but walk away and don’t commit the murder I still conspired to do it.
1.Attempt is when you try to commit a crime but you fail to do so. Intent has to have three elements, intent to commit the crime, the actual acting out of the crime, and then failure to complete the crime. An example would be, if i plan to kill my math teacher because he failed me, and then I see him walking down the street, so i "floor it" while driving coming straight towards him but he avoids me and i hit a tree. 2. Conspiricy is when one or more persons plan to commit a specific crime. An example would be if two people made out a plan to rob a bank. 3. Solicitation is when you try to get another person to commit a crime. An example would be, if your friend worked at McDonalds, and you try to get him or her to steal you a Big Mac.
1.criminal attempt- deals with the criminal intent to commit a crime. The two types of attempt statues are general attempt statue is the statue that defines the elements of an attempetd crime. The other attempt statue is called specific attempt statue. Specific attempt is attempted crime with statues of their own ex. attempted rape and attempted robbery. The elements of criminal attempt breaks down into three elements. 1. Intent or purpose to commit a specific crime, 2- Act or Acts to carry out the intent, 3- Failure to commit the crime. When the courts are looking at the attempt(mens rea) the don't have to worry about the knowing, reckless, negligent or strict liability. Conspiracy- is the agreement to commit an illegal act or intent to commit a crime. Taking any part of any crime knowingly is conspiracy. Helping set up a crime is also conspiracy. The agreement between the parties to commit a crime does not in any need to documented. Proving conspiracy is based on facts and circumstances.Criminal solicitation deals with trying to get another party to commit a crime. The actus reus part of criminal solicitation is the encouragement of a third person to commit a crime. ex. paying someone $5000 to murder a your husband. The mens rea part of criminal solicitation is requires getting another to commit a specific crime. ex Mary told Joan to kill John by stabbing him three times in the heart and twice in the neck. 2. Crime for attempt- Rex v. Scofield- a servent put a lighted candle in his masters room. The candle put their with the intention to burn down the house. When the house didn't burn down the servant was charged. The courts defined the servants act as "the intent may make an act, innocent in itself, criminal; nor is the completion of an act. criminal in itself, necessary to constitute criminality." Crime of conspiracy- not too long ago there was a case involving 4 teenage boys and teenage girl. The girl lured a young into an abandanded alley way where he was beat to death by the three boys awaiting his arrival. The young lady was charged with conspiracy. When she agreed to take part in the crime to committed conspiracy. Crime of solicitation- basically the perfect crime for this would be a women paying an assacin to murder her husband for insurance. Encouraging another to commit a crime is soliciting.
Attempt(mens rea) is whenthere is specific intent to commit a crime that never gets completed. attempt (actus reus) is when steps are taken to complete a crime that never gets completed. The elements of an attempt areintent or purpose to commit a specific crime; act or acts to carry them out ; failure to commit a crime. Solicitation is whena person tries to get another to commit a crime by using bribery blackmale.(actus reus) urging another person to commit a crime. (mens rea) intent to get another person to commit a crime. The elements of solicitation include words commanding, urging,or encouraging a third person to commit a crime. Specific intent the purpose to induce a third person to commit a crime. Conspiracy is when a person agrees to commit a crime (actus reus). When a person has the intends on making an agreement to commit a crime (mens rea). The elements of conspiracy would be agreement, some act in furtherance of agreement. Specific intent or purpose to commit an illegal act wven by illegal means.
Example of attempt would be two 17 year olds were having a party and they invited a boy that was always playing mean jokes on them along with other kids at their school. They planned on getting him so drunk and then pushing him off of the third floor balcony. They were successful at getting him drunk, but as they were taking him to the third floor the police raided the party.
An example of criminal solicitation would be if there were four friends (jason, george, jermaine, and ty). Jason hit the lottery for 100,000 dollars and decided that he would take his three friends out for dinner to share his news. George and Jermaine aer happy for their friend and enjoy the night. Ty is jealous and feels like Jason should give him something. They all leave the restaurantGeorge stays with Jason because he lives very far. Thje other two go to their homes. Ty shows up at Jason's home later with the intention of robbing him. Jason is scared and he knows that Ty will be a problem. He and George get Ty out without any confrontation. George tells Jason to call the police, but instead Jason asks George for a favor. He says I'll give you half of my winnings if you help me kill Ty. George thinks that it is wrong, and tells Jason no that is my friend. Jason then goes to Jermaine with the offer and without hesitation Jermaine agrees. An example of conspiracy would be if two friends were planning on robbing a bank and they had this other person who wanted to be in on it but not actually go inside. The designate him as the driver and he says fine. He drives to the bank, waits where he was told and everything goes right. They were successful at robbing the bank and they get in the car and go somewhere to divide the money. He didn't get as much as the others got and is mad, so he leaves hi share and says he is going to the store. He is unaware of the severity of what he did and he goes to the police station to turn in his friend for a reward. Whenn he tells the police his story and the location of his friends he is arrested and doesn't understand why.
1. Attempt is the crime of trying but failing to commit that crime. Conspiracy is agreeing to commit a crime, And Solicitation is trying to get someone else to commit a crime.
2. Examples Attempt- A 21 year old male desperate for cash sees a local 7-11 and figures why not rob them for some easy money. Without much regard for anything except getting the money, he runs in with his face covered and his hand in his coat pocket pretending he has a gun in it only to see that their are 2 police officers buying slurpes they see the kid and arrest him. Solicitation- Everday Helen a 84 year old lady sees her drug attic son taking large amounts of money out of her purse, finally one day see is fed up she calls her grandson and offers him a few hundred bucks to kill him. Now her grandson knowing that his grandmother is of age to where she cannot do anything he accepts, goes to her house sees him taking money and kills him. Conspiracy- Tony and his buddy Carmine see their boss count the daily intake everyday at 9:30pm. Tony and Carmine are always the last two to leave so they decide to make a pact to walk into their bosses office kill him and take the money. The next night they see their boss counting the money, so they walk in kill him and walk away with the daily intake.
1.) Criminal Attempt simply is to try to commit a crime deliberately, however, unsuccessfully. There are three prime elements to criminal attempt. They are 1.)Intent or puurpose to commit a specific crime, 2.) Act or acts to carry out the intent, 3.) Failure to complete the crime.
Example: A young boy sees an elderly woman in her lonesome in a desolate parking lot approaching her vehicle. As she approaches her vehicle, the young boy creeps over unacknowledged by the woman, and waits for her to get in a vulnerable position to render his criminal act. As she does, he immediately proceeds to grab her cane and swing it at her, in an attempt to knock her down and steal her purse. Little did he know, the elderly woman was a third degree black belt in tae kwon doe, and she managed to break the cane in half as he swung it at her, and then reverse - flipped him. She held him until police arrived.
2.) Criminal Solicitation shows that one tries to get another one to commit the criminal act, whether or not the crime ever gets completed.
Example: Todd constantly tries to get Nick to kill his estranged wife for $15,000, however, to Nick's disapproval.
3.)Criminal Conspiracy is an agreement among two or more parties to commit a crime.
Example: There is a big cocain shipment coming in to the city. The drug lord consults with two of his "cop buddies" in an attempt to have them help escort the drugs to it's destination for a pretty generous payoff.
A criminal attempt is when youre certain youre going to commit a crime and you have it planed out to the very last detail and at the end you can't do it.
Ex. A man thinks of multiple ways of going in for a bank robbery studies the are and plans it out for a month and at the end of the month he hears a nock at the door and out of no-where the cops apprehend him and ends his attempt.
A solicitation is when you look for someone to help you to commit a crime. You try to persuade that person to do the act with you.
Ex. A man is on his way home and decides to top and ask a prostitute for her services that falls under solicitation.
A conspiracy is when theres a crime commited by a multiple people and they keep quite about it so noone while find out.
Ex. people at the white house do something illegal and like 5 people were involved in the cover up.
1. Attempt is an act to commit a crime but failure to execute it.It comprises of the criminal intent (mens rea) and the criminal act (actus reus). Example: George is envious of John getting a promotion at work, so he goes to his house and strangles him but did not let him run out of breath before he left him because he heard foot steps of someone coming. 2. Solicitation is the act of getting someone to commit a crime. Example:George intends to kill John but he needs help so he tries to convince Chris and Paul to go with him so that chris could hold John's hands while he strangles him and punch his belly.While paul watches if anybody was coming.Goerge's act of convicing Paul and Chris is solicitation. 3. Conspiracy is acting alongside another person to commit a crime it also has mens rea and actus reus. Example: In the example above, Chris and Paul's role in the death of John is an act of conspiracy in John's death.
1. Attempt is the steps taken to commit a crime, but for whatever reason the crime doesnt happen or it fails.
ex: You go in to store with a gun with intentions of robbing it. you get to the window and brandish your gun and demand money, little do you know the clerk is sitting behind a bullet proof glass and laughs at your request, recognizing the dilemna you run out the store and get apprended by police. Among obvius gun charges attempted robbery can be added.
2.conspriacy- the intent to acheive a criminal objective without also having to be on the front line or directly involved.
ex.you and 3 of your friends want to rob the local corner store. every one but you has the experience but you used to work there so you know when to hit them the best. you provide this information but opt not to go with them, however you want in on the cut. They get caught and unveil there plot and your involvement. you can now be charged with conspiracy.
3. solicitaion- trying to get some one else to commit a crime.
ex: the classic "prostitution". An officer observes a scntly clad woman in a know sex for money area waving cars down as they drive by. He's also observed the same woman being picked for short periods of time and being dropped off at the same location. The officer gets out of the car and approaches from a distance as he gets closer he hears the women yell out to a male driver who pulls up along side her " hey baby you want a good time $20 for the front seat $50 for the back seat." at this time the cop can make a arrest for solicitation of the crime prostitution.
Criminal Attempt in the actus reus / mens rea is the steps taken or specific intent to complete a crime that never gets completed or is not followed through all the way.
Criminal Solicitation are words commanding, urging or encouraging a third person to commit a crime. For mens rea, the purpose to induce a third person to commit a crime or specific intent must be present.
Criminal Conspiracy is the agreement between two or more people to commit a crime. It also consists of an over act in furtherence of this agreement. For the mens rea, there must be specific intent or purpose to commit an illegal act or secific intent or purpose to commit an illegal act by illegal means.
An example of criminal attempt would be a man spotting his wife out at the movies with another man. He tells her companion “I’m going to kill you” and pulls out his gun. He shoots him in the shoulder and the gun jams and he is unable to get off another round as bystanders tackle him to the ground. The victim survives and the police arrive and arrest the suspect for attempted murder as he had attempted but failed to commit murder.
An example of criminal solicitation would be the following:
Bill and his girlfriend work at Bank of America as Bank Tellers. Each has a key to 2 safes inside the main safe but need someone with a higher security clearence to reach the last vault. In an effort to steal valuable diamonds from a very wealthy athlete's safe vault, they solicite or induce the bank manager Tiffany to open the athlete's vault and in return they would give her a 30% cut profit from however much the merchandise is worth.
An example of criminal conspiracy would be if 6 men from a fraternity had a fight with a rival fraternity and in return they agree to set the rival fraternity home on fire.
Attempt:all steps were taken to complete the crime but were unsucessful. There are 3 elements of attempt 1)Intent or purpose to commit a specific crime 2)Acts to carry out the intent 3)Failure to complete the crime. Ex: a man decides to kill his son because his girlfriend won't marry him so he beat the child and left him for dead although he did not kill the child he is charged with attempted murder. The intent to kill the child was there but his acts were unsuccessful.
Solicitation: Trying to get another person to commit a crime. Actus reus and Mens rea are required.The following are elements of solicitation: 1)Words commanding urging or encouraging a third party to commit a crime. 2)specific intent the purpose to induce a third partyto commit a crime. Ex: The mother of the child the father attempted to kill has hired a man to kill the father once he gets out of jail ( the asking and the purpose satisfies both mens rea and actus reus)
Conspiarcy:The intent to make an agreement to commit a crime.
There are 2 parts to conspiracy 1)An agreement to commit a crime ( in all states) 2)An overt act(act to futher the agreement) in the futherence of the agreement( aprox. half of the states)requieres 2 or more people normaly an unspoken contract nothing in writing. Ex: Two young men notice the neighborhood grocer going to the bank everyday at 12 that night they hatch a plan to rob the man and go to Mexico.
Criminal attempt is indening on committing a crime but the crime is not actually committed.It requires three elements: 1) Intent or purpose to commit a specific crime 2) acts to carry out the crime 3) failure to complete the crime. Soliciitation is trying to get someone else to commit a crime. The actus reus is commanding, urging, or encouraging a third person to commit a crime. the mens rea is specific intent, the purpose to induce a a third person to commit a crime. Consiracy is the agreeing to commit a crime. Actus reus is the agreement. Mens rea is specific intent or purpose to commit an illegal act.
Criminal Attempt example: Bob and Tom break into a corner store and attempt to rob the cash register and safe. They both hear police sirens and run out the door. They are both aprehended minutes after they fled. Solicitation example: John plans to pay Steve $1500 to set fire to the store that he owns in order to commit insurance fraud. Steve lets local authorities know of johns plans. Conspiracy example: Five college students all agree to steal the schools newly aquired computer equipment, then sell it. Word got out of there plans and they were charged with conspiring to steal the equipment.
1. Attempt is when someone trys to commit a crime/act and it never gets completed. It is also broken down to three elements: intent or purpose to commit a crime, act or acts to carry out the intent, and failure to complete the crime. For example- A landlord hated his tenant. He wants her to move out of his property. He has no way of doing this because she has a 2year lease and has not violated her lease at all. The landlord and the tenant gets into a heated argument, the landlord goes into the tenants apt. without her permission and starts choking her in her sleep. He doesn't know that the tenant's cousin is sleep on the sofa. The tenant starts fighting for her life and the cousin wakes up and runs in the bedroom to only see the landlord coming out of the room with string in his hands. 2. Solicitation- is when a person trys to get someone to commit a crime. For example- John wants his wife killed. He didn't want to do it his self. He asked his buddy Anthony to kill her for him for $3,000. Anthony didn't do it. 3. Conspiracy- is when two or more parties commit a crime together.For example- Pam, Tasha, and Ann all trys to rob the WaWa. They all wnet in with mask on. Pam held the store up with a 35mm loaded. Tasha takes all the money and cigarettes. Ann was in the car waiting to drive off. They got caught leaving the storerunning to the car. Tasha had money&cigarettes in her a big bag, Pam had the gun, and Ann was sitting in the car with a mask on. But because the two girls were running towards the car that Ann was sitting in, Ann was charged with conspiracy.
Attempt is as defined as having three steps 1.the purpose to commit the crime (specific intent)2.Acts to carry out the intent.3.Failure to complete the crime.
Example:A man goes to rob a store he went inside with a gun in hand and demand to shoot if the occupants did not hand over the money.The man has the gun but only has two bullets are in the gun. When the man fires he hits a soda machine. The other bullet goes into a child hiding in an asile behind a rack of chips. The store owner doesn't hand over the money. He decides to run out of the store because the owner has a shotgun in his hand. While running away he realizes he just shot a child.
Conspiracy: Agreement to commit a crime with two or more people. the mere utterance of the words is enough.
Example: A car dealer is selling cars. He represents the cars as running in execellent condition. However the electronic board to the cars are rusted. One customer decides to make an appointment to visit the lot and buy one.He finds out there is a dead body in the vechile he wants to purchase. The dealer and customer decide to sell the vehcile anyway and not notify the police so they agree only payment to keep quiet about hte body.
Solicitation: words commnding urging or encouaring a third person to commit a crime.
Example: I want to have my ex-husband severly beaten so I pay the hitmen four hundred dollars to break a leg and arm to injure him enough so now he will pay the child support on time.
The cases I used were from the text: 1.) Attempt – the steps taken to complete a crime that never gets completed. Example Case – (Pg. 152) Eileen Taylor and Robert King In this case, Mr. Robert King’s intent was that he purposefully attacked Eileen Taylor. His act to carry out the intent was the fact that he stabbed her once in the head and repeatedly stabbed her in the leg. King’s failure to complete the crime occurred when Police Detective Joseph Iwaniec appeared on the scene and King, instead of stabbing Taylor in the head again, lunged at the detective, missed, and fled the scene.
2.) Solicitation – Trying to get someone to commit a crime. Example Case – (Pg. 183-185) Ganeson v. State The actus reus of this case is when Ganeson requested Reda Sue Prior to kill his wife or in other words, he urged Prior to get someone to do it for her. The mens rea of this case also involved a man named James Hammond whom Ganeson had met while in jail. He spoke to Hammond on the phone and said, “Do you know anyone, or can you take care of my wife for me?…You know what I mean” (184). Ganeson’s solicited the murders of his wife and her attorney because he believed that his “wife’s litigation threatened to derail a potentially lucrative business opportunity” (184).
3.) Conspiracy – the intent to make an agreement to commit a crime. Example Case – (Pg. 175-178) State v. Hatfield During this case a man by the name of Michael Hatfield is charged with the conspiracy to manufacture methamphetamine. The court is also trying to charge Anthony Theobald, a friend of Hatfield, with the same crime. One reason why Theobald may be charged with conspiracy is because “he delivered both the cooler and the propane tank at Hatfield’s request (the agreement and the intent to commit an illegal act). Other factors that played a part were the facts that Theobald was under investigation for drug related activities and there was also a testimony during this trial which revealed that Hatfield had associated with known drug users.
1) Attempt is when you try to commit a crime or an act; however, you fail to complete it. There are three elements of criminal attempt, intent or purpose to commit a specific crime, act or acts to carry out the intent, and failure to complete the crime.
ex: Someone rapes a married woman. When her husband finds out, he tracks down the man who committed the rape. He then comes up with a plan to kill the man who raped his wife. He waits till it is late, rings the mans doorbell, and when he answers shoots him in the face. However, the man survies and the one who shot the survior is charged with attempted murder.
2) Solicitation is when you try to get someone else to commit a crime.
ex: If a man finds out that his wife is having an affair. He offers someone $5000 to kill her and her lover. However, the person turns down his offer. The husband can be charged with solicitation.
3) Conspiracy is when you make an agreement with someone to commit a crime.
ex: If Bob and Jack planed to rob Sam and go through with the plan. When Sam finds out that Bob and Jack where the two men that robbed him, goes to his friend Tim and they come up with a plan to kill them, they can be charged with conspiracy.
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Criminal attempt is an attempt to commit a crime that never gets completed. The crime of attempt boils down to 3 elements:1) Intent or purpose to commit a specific crime. 2) Act or acts to carry out the intent. 3) Failure to complete the crime.
Ex: A 13 year old boy hated his neighbor with a passion. One night, he went into his 75 year old neighbor's home at 11 pm while she was sleeping to kill her. He was trying to beat her to death but did not know that her 25 year old son was in the basement visiting her at the time. He caught the boy beating on his mother.
Criminal solicitation is trying to get someone to commit a crime. Actus reus and mens rea are required by law.
Ex: A son and mother wants to get rid of the father for his life insurance. They talked the son's best friend into killing his father because they were scared they would not be able to do it. So the son and his mother would be charged with criminal solicitation.
Criminal conspiracy is a crime agreeing to commit a crime with 2 or more people, not actually committing nor attempt or even preparation to committing crimes.
Ex: 3 best friends agreed to rob a laundromat in the neighborhood. They would split the values they get in 3. The boys would be charged with conspiracy to buglary.
The elements of criminal attempt are intent or purpose to commit a crime, an act or acts to carry out the intent and failure to complete the crime.
Example: Tim the thief, is bragging that this friday he is going to hold up Smith's gocery store, an employee of the store overhears this and tells the owner. Friday comes and Tim puts a gun in his pants and walks into the store, immeadiately the owner gets on the phone with the police,Tim gets suspicious and leaves the store, on the way out the cops nab him and arrest him and he is charged w/ attempted robbery. Tim had the intent, the gun and the action. Leaving because of fear of being caught is not a defense against attempted robbery.
Conspiracy is the act of agreement between two parties to commit a crime. In half the states the agreement itself is actus reus, in the other half you have to also have another act to further the agreement called the overt act, also to satisfy mens rea there must be an intent to achieve a criminal objective.
Example: Tom calls Joe and says Pete hit the number. Joe suggest they rob Pete and split the money, Tom aggrees and says Pete will be walking past the corner at 8 o clock tonight, he says meet me at 7:30 on the corner and we'll rob him. Joe says I agree I'll see you there.
Solicitation is the crime of trying to get someone else to commit a crime. The effort to get someone to commit a crime is the actus reus. Words that convey the purpose to get someone to commit a crime satisfy mens rea.
Example: While Tom Capano was awaiting trial for murder, he offered another prisoner $10,000 to get someone to kill a witness against him, he draws a map of the witness's home and gives it to the other prisoner, the prisoner notifies authorities and shows them the map and Capano is charged w/ solicitation to commit murder.
Criminal attempt is criminal liability for trying to commit crimes. The three elements of Criminal Attempt is 1.) Intent or purpose to commit a specific crime. 2.) Act or acts to carry out the intent. 3.) Failure to complete the crime.
There are two types of attempt satatues, General attempt statue is typical "A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense." Specific attempt statues define attempted murder, attempted robbery, attempted rape, and so on in seperate statues. Attempt mens rea, you dont have to worry about knowing, reckless, negligent, or strict liability attempts.
ex) A man decides to go rob a jewlery store, they get there take all the money and jewlery but as he is about to leave the cops turn up, the suspect drops the bag and fled the scene.
Conspiracy, the crime of agreeing to commit a crime. Conspiracy works hand in hand with attempt to nip criminal purpose in the bud. Conspiracy strikes at the special danger of group criminal activity.
ex.) A women and her coworker decide they want to kill their employee and rob the buisness they will be charges with Conspiracy.
Solicitation, the crime of trying to get someone else to commit a crime.
ex.) A mother and a father talk their children into killing their grandparents so they get the money from the Will and life insurance.
Attempt: crime that never gets completed.
3 Elements: Purpose, acts to carry out criminal purpose, and failure to complete the crime but rsulting in some injury.
Example: A ex-boyfriend goesto his ex-girlfriend house with a large knife. He approaches the woman with the knife raised over his head saying, "I'm gonna kill you!" While he's attacking his ex-girlfriend someone interferes and he never killed her, he only caused bodily injury.
Conspiracy: agreeing to commit a crime.
Example: 2 brothers and a friend conspire to rob a jewelry store. Each person is given a specific job to carryout, in order for the robbery to be a success. Once the robbery is completed everything stolen is split 3 ways.
Solicitation: trying to get someone else to commit a crime.
Example: a young kid wants his father and mother dead. He hires somone to kill them for him. He agrees to pay up front 5,000 dollars and once the job is completed another 5,000 dollars.
Criminal Attemp is the attemp to commit the crime that's never completed. It cosists of 3 elements: intent to commit a specific crime, ats to carry out the crime and failure to complete.
Ex. Two boys one 9 and the other one 13 yrs old. 13 yrold is at home and tells mom that hes going out to play with the 9yr old. 9 yr old tells 13 yr old to go play next to a white truck at the end of the block, once there 9 yr old pulls out a screw driver and hands it to 13yr old. They start messing with the lock until cop car drove by. Both get arreted.
Solicitation is the act of hiring or getting someone else to commit crime. Both actus reus and mens rea are required. Ex. I hire a hitman to kill my husband to inherit his millions.
Conspiracy is agreeing to commit a crime with 2 or more people. Ex. 4 friends decide to rob a bank. Each have one task to complete the robbery. One they rob the bank they split the money in equal parts.
lets say a man was wanting to have sex with a prostitute and the prostitute was a undercover police officer and the man went to the block were the prostitues are and handed her the money for sex he would have solicitated to prostiution. lets say a women wanted to buy drugs and the cops had an undercover drug buy sting and the women went to buy crack cocaine and when the undercover handed her the drugs she decided that the crack cocaine rock was not big enough.
1.To attempt something means to seek to do it, to make a deliberate effort in that direction. And it has to contain these three elements
1.Intent or purpose to commit a specific crime
2.Act or acts to carry out the intent
3.Failure to complete the crime
An example for attempt is a person beats someone severely and shoots them in the head and leaves them for dead but the person doesn’t die that’s attempted murder because they attempted to kill the person but he did not die.
2.Solicitation is the crime of trying to get someone else to commit a crime. There has to be some kind of inducement to commit a crime and also words that convey that their purpose is to get someone to commit a specific crime.
An example is if I offer friend 50,000 dollars to kill my husband then I’ve committed solicitation.
3.Conspiracy the crime of agreeing to commit a crime, is further
Removed from actually committing a crime than either attempts or even preparation to commit crimes.
An example is if I agreed to help someone kill someone and state that its an agreement and that day the murder was to occur I get in the car and drive to the murder scene but walk away and don’t commit the murder I still conspired to do it.
1.Attempt is when you try to commit a crime but you fail to do so. Intent has to have three elements, intent to commit the crime, the actual acting out of the crime, and then failure to complete the crime. An example would be, if i plan to kill my math teacher because he failed me, and then I see him walking down the street, so i "floor it" while driving coming straight towards him but he avoids me and i hit a tree.
2. Conspiricy is when one or more persons plan to commit a specific crime. An example would be if two people made out a plan to rob a bank.
3. Solicitation is when you try to get another person to commit a crime. An example would be, if your friend worked at McDonalds, and you try to get him or her to steal you a Big Mac.
1.criminal attempt- deals with the criminal intent to commit a crime. The two types of attempt statues are general attempt statue is the statue that defines the elements of an attempetd crime. The other attempt statue is called specific attempt statue. Specific attempt is attempted crime with statues of their own ex. attempted rape and attempted robbery. The elements of criminal attempt breaks down into three elements. 1. Intent or purpose to commit a specific crime, 2- Act or Acts to carry out the intent, 3- Failure to commit the crime. When the courts are looking at the attempt(mens rea) the don't have to worry about the knowing, reckless, negligent or strict liability. Conspiracy- is the agreement to commit an illegal act or intent to commit a crime. Taking any part of any crime knowingly is conspiracy. Helping set up a crime is also conspiracy. The agreement between the parties to commit a crime does not in any need to documented. Proving conspiracy is based on facts and circumstances.Criminal solicitation deals with trying to get another party to commit a crime. The actus reus part of criminal solicitation is the encouragement of a third person to commit a crime. ex. paying someone $5000 to murder a your husband. The mens rea part of criminal solicitation is requires getting another to commit a specific crime. ex Mary told Joan to kill John by stabbing him three times in the heart and twice in the neck.
2. Crime for attempt- Rex v. Scofield- a servent put a lighted candle in his masters room. The candle put their with the intention to burn down the house. When the house didn't burn down the servant was charged. The courts defined the servants act as "the intent may make an act, innocent in itself, criminal; nor is the completion of an act. criminal in itself, necessary to constitute criminality."
Crime of conspiracy- not too long ago there was a case involving 4 teenage boys and teenage girl. The girl lured a young into an abandanded alley way where he was beat to death by the three boys awaiting his arrival. The young lady was charged with conspiracy. When she agreed to take part in the crime to committed conspiracy.
Crime of solicitation- basically the perfect crime for this would be a women paying an assacin to murder her husband for insurance. Encouraging another to commit a crime is soliciting.
Attempt(mens rea) is whenthere is specific intent to commit a crime that never gets completed.
attempt (actus reus) is when steps are taken to complete a crime that never gets completed.
The elements of an attempt areintent or purpose to commit a specific crime; act or acts to carry them out ; failure to commit a crime.
Solicitation is whena person tries to get another to commit a crime by using bribery blackmale.(actus reus) urging another person to commit a crime. (mens rea) intent to get another person to commit a crime. The elements of solicitation include words commanding, urging,or encouraging a third person to commit a crime. Specific intent the purpose to induce a third person to commit a crime.
Conspiracy is when a person agrees to commit a crime (actus reus). When a person has the intends on making an agreement to commit a crime (mens rea). The elements of conspiracy would be agreement, some act in furtherance of agreement. Specific intent or purpose to commit an illegal act wven by illegal means.
Example of attempt would be two 17 year olds were having a party and they invited a boy that was always playing mean jokes on them along with other kids at their school. They planned on getting him so drunk and then pushing him off of the third floor balcony. They were successful at getting him drunk, but as they were taking him to the third floor the police raided the party.
An example of criminal solicitation would be if there were four friends (jason, george, jermaine, and ty). Jason hit the lottery for 100,000 dollars and decided that he would take his three friends out for dinner to share his news. George and Jermaine aer happy for their friend and enjoy the night. Ty is jealous and feels like Jason should give him something. They all leave the restaurantGeorge stays with Jason because he lives very far. Thje other two go to their homes. Ty shows up at Jason's home later with the intention of robbing him. Jason is scared and he knows that Ty will be a problem. He and George get Ty out without any confrontation. George tells Jason to call the police, but instead Jason asks George for a favor. He says I'll give you half of my winnings if you help me kill Ty. George thinks that it is wrong, and tells Jason no that is my friend. Jason then goes to Jermaine with the offer and without hesitation Jermaine agrees.
An example of conspiracy would be if two friends were planning on robbing a bank and they had this other person who wanted to be in on it but not actually go inside. The designate him as the driver and he says fine. He drives to the bank, waits where he was told and everything goes right. They were successful at robbing the bank and they get in the car and go somewhere to divide the money. He didn't get as much as the others got and is mad, so he leaves hi share and says he is going to the store. He is unaware of the severity of what he did and he goes to the police station to turn in his friend for a reward. Whenn he tells the police his story and the location of his friends he is arrested and doesn't understand why.
1. Attempt is the crime of trying but failing to commit that crime.
Conspiracy is agreeing to commit a crime, And Solicitation is trying to get someone else to commit a crime.
2. Examples
Attempt- A 21 year old male desperate for cash sees a local 7-11 and figures why not rob them for some easy money. Without much regard for anything except getting the money, he runs in with his face covered and his hand in his coat pocket pretending he has a gun in it only to see that their are 2 police officers buying slurpes they see the kid and arrest him.
Solicitation- Everday Helen a 84 year old lady sees her drug attic son taking large amounts of money out of her purse, finally one day see is fed up she calls her grandson and offers him a few hundred bucks to kill him. Now her grandson knowing that his grandmother is of age to where she cannot do anything he accepts, goes to her house sees him taking money and kills him.
Conspiracy- Tony and his buddy Carmine see their boss count the daily intake everyday at 9:30pm. Tony and Carmine are always the last two to leave so they decide to make a pact to walk into their bosses office kill him and take the money. The next night they see their boss counting the money, so they walk in kill him and walk away with the daily intake.
1.) Criminal Attempt simply is to try to commit a crime deliberately, however, unsuccessfully. There are three prime elements to criminal attempt. They are 1.)Intent or puurpose to commit a specific crime, 2.) Act or acts to carry out the intent, 3.) Failure to complete the crime.
Example: A young boy sees an elderly woman in her lonesome in a desolate parking lot approaching her vehicle. As she approaches her vehicle, the young boy creeps over unacknowledged by the woman, and waits for her to get in a vulnerable position to render his criminal act. As she does, he immediately proceeds to grab her cane and swing it at her, in an attempt to knock her down and steal her purse. Little did he know, the elderly woman was a third degree black belt in tae kwon doe, and she managed to break the cane in half as he swung it at her, and then reverse - flipped him. She held him until police arrived.
2.) Criminal Solicitation shows that one tries to get another one to commit the criminal act, whether or not the crime ever gets completed.
Example: Todd constantly tries to get Nick to kill his estranged wife for $15,000, however, to Nick's disapproval.
3.)Criminal Conspiracy is an agreement among two or more parties to commit a crime.
Example: There is a big cocain shipment coming in to the city. The drug lord consults with two of his "cop buddies" in an attempt to have them help escort the drugs to it's destination for a pretty generous payoff.
The cops and the drug lord agree to this propostion, and everyone is happy.
A criminal attempt is when youre certain youre going to commit a crime and you have it planed out to the very last detail and at the end you can't do it.
Ex. A man thinks of multiple ways of going in for a bank robbery studies the are and plans it out for a month and at the end of the month he hears a nock at the door and out of no-where the cops apprehend him and ends his attempt.
A solicitation is when you look for someone to help you to commit a crime. You try to persuade that person to do the act with you.
Ex. A man is on his way home and decides to top and ask a prostitute for her services that falls under solicitation.
A conspiracy is when theres a crime commited by a multiple people and they keep quite about it so noone while find out.
Ex. people at the white house do something illegal and like 5 people were involved in the cover up.
1. Attempt is an act to commit a crime but failure to execute it.It comprises of the criminal intent (mens rea) and the criminal act (actus reus).
Example: George is envious of John getting a promotion at work, so he goes to his house and strangles him but did not let him run out of breath before he left him because he heard foot steps of someone coming.
2. Solicitation is the act of getting someone to commit a crime.
Example:George intends to kill John but he needs help so he tries to convince Chris and Paul to go with him so that chris could hold John's hands while he strangles him and punch his belly.While paul watches if anybody was coming.Goerge's act of convicing Paul and Chris is solicitation.
3. Conspiracy is acting alongside another person to commit a crime it also has mens rea and actus reus.
Example: In the example above, Chris and Paul's role in the death of John is an act of conspiracy in John's death.
1. Attempt is the steps taken to commit a crime, but for whatever reason the crime doesnt happen or it fails.
ex: You go in to store with a gun with intentions of robbing it. you get to the window and brandish your gun and demand money, little do you know the clerk is sitting behind a bullet proof glass and laughs at your request, recognizing the dilemna you run out the store and get apprended by police. Among obvius gun charges attempted robbery can be added.
2.conspriacy- the intent to acheive a criminal objective without also having to be on the front line or directly involved.
ex.you and 3 of your friends want to rob the local corner store. every one but you has the experience but you used to work there so you know when to hit them the best. you provide this information but opt not to go with them, however you want in on the cut. They get caught and unveil there plot and your involvement. you can now be charged with conspiracy.
3. solicitaion- trying to get some one else to commit a crime.
ex: the classic "prostitution". An officer observes a scntly clad woman in a know sex for money area waving cars down as they drive by. He's also observed the same woman being picked for short periods of time and being dropped off at the same location. The officer gets out of the car and approaches from a distance as he gets closer he hears the women yell out to a male driver who pulls up along side her " hey baby you want a good time $20 for the front seat $50 for the back seat." at this time the cop can make a arrest for solicitation of the crime prostitution.
Criminal Attempt in the actus reus / mens rea is the steps taken or specific intent to complete a crime that never gets completed or is not followed through all the way.
Criminal Solicitation are words commanding, urging or encouraging a third person to commit a crime. For mens rea, the purpose to induce a third person to commit a crime or specific intent must be present.
Criminal Conspiracy is the agreement between two or more people to commit a crime. It also consists of an over act in furtherence of this agreement. For the mens rea, there must be specific intent or purpose to commit an illegal act or secific intent or purpose to commit an illegal act by illegal means.
An example of criminal attempt would be a man spotting his wife out at the movies with another man. He tells her companion “I’m going to kill you” and pulls out his gun. He shoots him in the shoulder and the gun jams and he is unable to get off another round as bystanders tackle him to the ground. The victim survives and the police arrive and arrest the suspect for attempted murder as he had attempted but failed to commit murder.
An example of criminal solicitation would be the following:
Bill and his girlfriend work at Bank of America as Bank Tellers. Each has a key to 2 safes inside the main safe but need someone with a higher security clearence to reach the last vault. In an effort to steal valuable diamonds from a very wealthy athlete's safe vault, they solicite or induce the bank manager Tiffany to open the athlete's vault and in return they would give her a 30% cut profit from however much the merchandise is worth.
An example of criminal conspiracy would be if 6 men from a fraternity had a fight with a rival fraternity and in return they agree to set the rival fraternity home on fire.
Attempt:all steps were taken to complete the crime but were unsucessful.
There are 3 elements of attempt
1)Intent or purpose to commit a specific crime
2)Acts to carry out the intent
3)Failure to complete the crime.
Ex: a man decides to kill his son because his girlfriend won't marry him so he beat the child and left him for dead although he did not kill the child he is charged with attempted murder. The intent to kill the child was there but his acts were unsuccessful.
Solicitation: Trying to get another person to commit a crime.
Actus reus and Mens rea are required.The following are elements of solicitation:
1)Words commanding urging or encouraging a third party to commit a crime.
2)specific intent the purpose to induce a third partyto commit a crime.
Ex: The mother of the child the father attempted to kill has hired a man to kill the father once he gets out of jail ( the asking and the purpose satisfies both mens rea and actus reus)
Conspiarcy:The intent to make an agreement to commit a crime.
There are 2 parts to conspiracy
1)An agreement to commit a crime ( in all states)
2)An overt act(act to futher the agreement) in the futherence of the agreement( aprox. half of the states)requieres 2 or more people normaly an unspoken contract nothing in writing.
Ex: Two young men notice the neighborhood grocer going to the bank everyday at 12 that night they hatch a plan to rob the man and go to Mexico.
Criminal attempt is indening on committing a crime but the crime is not actually committed.It requires three elements: 1) Intent or purpose to commit a specific crime 2) acts to carry out the crime 3) failure to complete the crime.
Soliciitation is trying to get someone else to commit a crime. The actus reus is commanding, urging, or encouraging a third person to commit a crime. the mens rea is specific intent, the purpose to induce a a third person to commit a crime.
Consiracy is the agreeing to commit a crime. Actus reus is the agreement. Mens rea is specific intent or purpose to commit an illegal act.
Criminal Attempt example: Bob and Tom break into a corner store and attempt to rob the cash register and safe. They both hear police sirens and run out the door. They are both aprehended minutes after they fled.
Solicitation example: John plans to pay Steve $1500 to set fire to the store that he owns in order to commit insurance fraud. Steve lets local authorities know of johns plans.
Conspiracy example: Five college students all agree to steal the schools newly aquired computer equipment, then sell it. Word got out of there plans and they were charged with conspiring to steal the equipment.
1. Attempt is when someone trys to commit a crime/act and it never gets completed. It is also broken down to three elements: intent or purpose to commit a crime, act or acts to carry out the intent, and failure to complete the crime.
For example- A landlord hated his tenant. He wants her to move out of his property. He has no way of doing this because she has a 2year lease and has not violated her lease at all. The landlord and the tenant gets into a heated argument, the landlord goes into the tenants apt. without her permission and starts choking her in her sleep. He doesn't know that the tenant's cousin is sleep on the sofa. The tenant starts fighting for her life and the cousin wakes up and runs in the bedroom to only see the landlord coming out of the room with string in his hands.
2. Solicitation- is when a person trys to get someone to commit a crime. For example- John wants his wife killed. He didn't want to do it his self. He asked his buddy Anthony to kill her for him for $3,000. Anthony didn't do it.
3. Conspiracy- is when two or more parties commit a crime together.For example- Pam, Tasha, and Ann all trys to rob the WaWa. They all wnet in with mask on. Pam held the store up with a 35mm loaded. Tasha takes all the money and cigarettes. Ann was in the car waiting to drive off. They got caught leaving the storerunning to the car. Tasha had money&cigarettes in her a big bag, Pam had the gun, and Ann was sitting in the car with a mask on. But because the two girls were running towards the car that Ann was sitting in, Ann was charged with conspiracy.
Attempt is as defined as having three steps 1.the purpose to commit the crime (specific intent)2.Acts to carry out the intent.3.Failure to complete the crime.
Example:A man goes to rob a store he went inside with a gun in hand and demand to shoot if the occupants did not hand over the money.The man has the gun but only has two bullets are in the gun. When the man fires he hits a soda machine. The other bullet goes into a child hiding in an asile behind a rack of chips. The store owner doesn't hand over the money. He decides to run out of the store because the owner has a shotgun in his hand. While running away he realizes he just shot a child.
Conspiracy: Agreement to commit a crime with two or more people. the mere utterance of the words is enough.
Example: A car dealer is selling cars. He represents the cars as running in execellent condition. However the electronic board to the cars are rusted. One customer decides to make an appointment to visit the lot and buy one.He finds out there is a dead body in the vechile he wants to purchase. The dealer and customer decide to sell the vehcile anyway and not notify the police so they agree only payment to keep quiet about hte body.
Solicitation: words commnding urging or encouaring a third person to commit a crime.
Example: I want to have my ex-husband severly beaten so I pay the hitmen four hundred dollars to break a leg and arm to injure him enough so now he will pay the child support on time.
The cases I used were from the text:
1.) Attempt – the steps taken to complete a crime that never gets completed. Example Case – (Pg. 152) Eileen Taylor and Robert King
In this case, Mr. Robert King’s intent was that he purposefully attacked Eileen Taylor. His act to carry out the intent was the fact that he stabbed her once in the head and repeatedly stabbed her in the leg. King’s failure to complete the crime occurred when Police Detective Joseph Iwaniec appeared on the scene and King, instead of stabbing Taylor in the head again, lunged at the detective, missed, and fled the scene.
2.) Solicitation – Trying to get someone to commit a crime.
Example Case – (Pg. 183-185) Ganeson v. State
The actus reus of this case is when Ganeson requested Reda Sue Prior to kill his wife or in other words, he urged Prior to get someone to do it for her. The mens rea of this case also involved a man named James Hammond whom Ganeson had met while in jail. He spoke to Hammond on the phone and said, “Do you know anyone, or can you take care of my wife for me?…You know what I mean” (184). Ganeson’s solicited the murders of his wife and her attorney because he believed that his “wife’s litigation threatened to derail a potentially lucrative business opportunity” (184).
3.) Conspiracy – the intent to make an agreement to commit a crime.
Example Case – (Pg. 175-178) State v. Hatfield
During this case a man by the name of Michael Hatfield is charged with the conspiracy to manufacture methamphetamine. The court is also trying to charge Anthony Theobald, a friend of Hatfield, with the same crime. One reason why Theobald may be charged with conspiracy is because “he delivered both the cooler and the propane tank at Hatfield’s request (the agreement and the intent to commit an illegal act).
Other factors that played a part were the facts that Theobald was under investigation for drug related activities and there was also a testimony during this trial which revealed that Hatfield had associated with known drug users.
1) Attempt is when you try to commit a crime or an act; however, you fail to complete it. There are three elements of criminal attempt, intent or purpose to commit a specific crime, act or acts to carry out the intent, and failure to complete the crime.
ex: Someone rapes a married woman. When her husband finds out, he tracks down the man who committed the rape. He then comes up with a plan to kill the man who raped his wife. He waits till it is late, rings the mans doorbell, and when he answers shoots him in the face. However, the man survies and the one who shot the survior is charged with attempted murder.
2) Solicitation is when you try to get someone else to commit a crime.
ex: If a man finds out that his wife is having an affair. He offers someone $5000 to kill her and her lover. However, the person turns down his offer. The husband can be charged with solicitation.
3) Conspiracy is when you make an agreement with someone to commit a crime.
ex: If Bob and Jack planed to rob Sam and go through with the plan. When Sam finds out that Bob and Jack where the two men that robbed him, goes to his friend Tim and they come up with a plan to kill them, they can be charged with conspiracy.
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