Written by attorneys · grounded in primary & secondary sources — see below
Conduct by which a person commits or carries out an act, especially a crime or fraudulent scheme. The term focuses on the execution of the prohibited conduct rather than mere planning or preparation.
Sources & Authorities
How it applies
Common Examples
6
Unlawful Act Causing Death
Pablo Perez drove his truck at high speed through a residential neighborhood while intoxicated. He struck and killed a pedestrian who was crossing the street. Prosecutors charged Perez with involuntary manslaughter on the ground that he had perpetrated the killing through criminal negligence.
Grand Jury Indictment Requirement
Pierce Patterson was arrested after he perpetrated an infamous crime. Defense counsel argued that the government had no authority to proceed because Patterson had not been given the opportunity to answer for the offense in the manner the Constitution requires.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Perry Pratt was on trial after he perpetrated a federal offense. The court took judicial notice of a geographic fact and instructed the jury that it could accept or reject the noticed fact. The instruction preserved the jury's role in deciding whether the noticed fact had been established.
Lawyer Withdrawal for Fraud
Parker Phillips discovered that his client intended to use his legal services to perpetrate a fraudulent real estate scheme. Phillips reasonably believed the client's course of action was fraudulent and therefore moved to withdraw from the representation.
Duress by Criminal Threat
Piper Patel threatened Pedro Pacheco with criminal prosecution unless he signed a contract releasing valuable claims. The threat of prosecution constituted improper means that rendered the resulting agreement unenforceable after Patel had sought to perpetrate coercion.
Exclusionary Rule Application
Premier Manufacturing's offices were searched in violation of the Fourth Amendment after officers sought to perpetrate an unlawful search. Evidence seized during the unlawful search was offered against the company in a state criminal proceeding. The court excluded the evidence because it had been obtained through unconstitutional conduct.
Common questions
Frequently Asked
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When may a lawyer withdraw if a client is using the representation to commit a crime?+
A lawyer may withdraw when the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent. The rule also permits withdrawal when the client has already used the lawyer's services to perpetrate a crime or fraud. Withdrawal is not mandatory in every instance but is available to avoid assisting unlawful conduct.
Does the term perpetrate require that the crime be completed?+
No. The term refers to the act of committing or carrying out the conduct, and liability can attach even when the ultimate harm does not occur. Inchoate offenses such as attempt focus on conduct designed to aid or complete a crime, and the term applies to that conduct regardless of success.
Supporting sources
How does perpetrate differ from mere preparation in attempt liability?+
Perpetrate denotes the execution of the prohibited act itself. Preparation consists of steps that remain short of the conduct that would constitute the crime or aid its commission. Conduct that crosses into execution or substantial aid satisfies the term even if external events prevent completion.
410 U.S. 113 (1973)Constitutional Law
…intended is guilty as an accomplice. "Art. 1193. Attempt at abortion "If the means used shall fail to produce an abortion, the offender is nevertheless guilty of an attempt to produce abortion, provided it be shown that such means were calculated to produce that result, and shall be fined not less than one hundred nor more…
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