4. Inchoate Offenses Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

what is conspiracy? (4 elements)

A

SPECIFIC INTENT CRIME
1) an agreement between 2+ ppl,
2) an intent to enter into the agreement,
3) an intent by at least 2 ppl to achieve the CRIMINAL objective of the agreement, and
*4) maj rule = one overt act in furtherance of conspiracy (mere prep is ok)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

what is a valid “agreement” for conspiracy purposes?

A

parties must agree to accomplish the same objective by mutual action, AND this can be inferred from joint activity (need not be express)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is the common law/traditional approach to the 2 party requirement for conspiracy?

A

bilateral approach that requires two guilty minds (ppl are actually committed to the plan)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is the modern approach to the 2 party requirement for conspiracy?

A

unilateral approach that requires only ONE party have genuine criminal intent (thus parties can be convicted if they conspire with police officer working undercover)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

when are acts/statements of co-conspirators admissible against a conspirator at trial?

A

only when those acts or statements were done or made in furtherance of the conspiracy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

when does a conspiracy terminate?

A

upon completion of the wrongful objective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

does government’s defeat of a conspiracy’s objective automatically terminate the conspiracy?

A

no, not automatically

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

when may a conspirator be held liable for crimes committed by other conspirators?

A

if the crimes were…
1) were committed in furtherance of the objectives of the conspiracy, and
2) were foreseeable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

is factual impossibility a defense to inchoate crimes?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

is withdrawal a defense to conspiracy?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

is withdrawal a defense to liability for other conspirators’ crimes?

A

yes if those crimes were committed in furtherance of the conspiracy (including the substantive target crime of the conspiracy)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

when is withdrawal effective to alleviate liability for other conspirators’ crimes?

A

conspirator must perform an affirmative act to notifies ALL members of the conspiracy of their withdrawal AND notice must be given in time for all members to abandon their plans

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what is solicitation?

A

SPECIFIC INTENT CRIME
asking, inciting, etc another to commit a crime with the intent that the person solicited commit that crime (not necessary that the person agree to commit the crime)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what is attempt?

A

SPECIFIC INTENT CRIME
(1) an overt act (2) done with the intent to commit a crime, that falls short of completing the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what intent is necessary to be convicted of attempt?

A

defendant must intend to perform an act and obtain a result that, if achieved, would constitute a crime
**NOTE = the crime itself need not require specific intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what overt act is necessary to be convicted of attempt?

A

an act beyond mere preparation (ie–more than for conspiracy) for the offense; “a substantial step in course of conduct planned to culminate in the commission of the crime”

16
Q

what kinds of crimes can a defendant NOT attempt?

A

any crimes that require negligence or recklessness as the mens rea

17
Q

when is abandonment a valid defense to attempt?

A

when the abandonment is BOTH fully voluntary AND complete

18
Q

is legal impossibility a defense to attempt?

A

yes, because if completed acts, defendant would still not have committed any crime

19
Q

is factual impossibility a defense to attempt?

A

no

20
Q
A