2. Inchoate Offenses

Question 1

Solicitation

Answer 1

Asking another to commit a crime with the intent that they commit the crime

Question 2

Does Solicitation Merge?

Answer 2

Merges with the target offense:

♣ Does not matter if the solicited party is convicted or if the solicited crime was impossible to commit

Question 3

Solicitation Defenses:

Answer 3

Very few defenses apply to solicitation .

♣ Refusal by the solicitee is not a defense
♣ Impossibility and withdrawal are not defenses
♣ MPC allows renunciation as a defense but common law does not

Question 4

Conspiracy:

Answer 4

o Agreement between two or more people to commit a crime

o Requirement:
♣ 1. Agreement between two or more people
• express agreement not required

♣ 2. Intent to enter into agreement

♣ 3. Intent to commit target crime

♣ 4. Overt act in furtherance of target crime
• not a requirement at common law

Question 5

Conspiracy

1. Termination
2. Defenses

Answer 5

o Termination:
♣ Conspiracy ends upon completion of target crime

o Defenses:
♣ Impossibility is not a defense to conspiracy
♣ Withdrawal is generally not a defense to conspiracy but may be a defense to liability for co-conspirators subsequent crimes .

Question 6

Unilateral Conspiracy

Answer 6

♣ At common law, two or more people must have criminal intent, but MPC allows only one party

Question 7

Co-conspirator liability:

Answer 7

Each conspirator is liable for co-conspirators’ crimes that are:

• 1. Foreseeable; and
• 2. Committed in furtherance of the conspiracy

Question 8

Withdrawal and Conspiracy

Answer 8

♣ Under common law, one cannot withdraw from the conspiracy itself
• MPC allows withdrawal if the withdrawing party thwarts the conspiracy

♣ Subsequent crimes:
• One can withdraw from co-conspirators’ subsequent crimes, including the target offense of the conspiracy

♣ Affirmative act required:
• Withdrawal is effective when the withdrawing party makes an affirmative act that notifies his co-conspirator he is withdrawing.

♣ Must be timely:
• Withdrawal must give enough time for co-conspirator to abandon plans for the target offense

Question 9

Attempt

Answer 9

o An act, done with the specific INTENT to commit a crime, that constitutes an OVERT or substantial step towards committing the crime but falls short of completing the crime

♣ Overt Act
• D must commit an act beyond mere preparation

♣ Intent
• D must specifically intend to commit a particular crime

Question 10

Defenses to Attempt

Answer 10

Legal impossibility is a defense to attempt:

• Factual impossibility is not a defense
• Abandonment is not a defense