4. Inchoate Offenses

Question 1

what is conspiracy? (4 elements)

Answer 1

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)

Question 1

what is a valid “agreement” for conspiracy purposes?

Answer 1

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

Question 2

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

Answer 2

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

Question 3

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

Answer 3

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

Question 4

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

Answer 4

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

Question 5

when does a conspiracy terminate?

Answer 5

upon completion of the wrongful objective

Question 6

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

Answer 6

no, not automatically

Question 7

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

Answer 7

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

Question 8

is factual impossibility a defense to inchoate crimes?

Answer 8

no

Question 9

is withdrawal a defense to conspiracy?

Answer 9

no

Question 10

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

Answer 10

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

Question 11

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

Answer 11

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

Question 12

what is solicitation?

Answer 12

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)

Question 13

what is attempt?

Answer 13

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

Question 14

what intent is necessary to be convicted of attempt?

Answer 14

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

Question 15

what overt act is necessary to be convicted of attempt?

Answer 15

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”

Question 16

what kinds of crimes can a defendant NOT attempt?

Answer 16

any crimes that require negligence or recklessness as the mens rea

Question 17

when is abandonment a valid defense to attempt?

Answer 17

when the abandonment is BOTH fully voluntary AND complete

Question 18

is legal impossibility a defense to attempt?

Answer 18

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

Question 19

is factual impossibility a defense to attempt?

Answer 19

no