Poli Sci 452 Donald Downs 2-3-09 Lecture Appeals- You can appeal on 2 things The judge made a mistake on a legal ruling. i.e. ?Instructed the jury incorrectly on the definition of self defense?. Didn?t get #2 *Figure this one out.* Supreme Court is not the same thing as the Constitution. Polach Case Attempt is one of two things: Intent to commit a specific offense An act which is a substantial step toward This is the Model Penal Code (MPC). (the Illinois court adapted the MPC in this regard) Page 522- People vs. Rizzo Are they guilty of ?attempt?? The court says: ?To commit a crime requires proof of attempt, plus a substantial step?. Abandonment or Renunciation Usually follow from having thoughts of guilt. Under the MPC- factual impossibility is NOT a defense. ?Rational motivation of the actor?- i.e. The shoplifter who steals for the thrill?part of the very motivation is that you are breaking the law. Solicitation- Consists of words. Sometimes pure speech can be a crime?commanding, urging, or requesting. (pg. 525) Solicitation is NOT an attempt. Most solicitations are not threats.
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