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MBE Crim Law > 5. Inchoate Crimes > Flashcards

5. Inchoate Crimes Flashcards

1
Q

What are Inchoate Crimes?

A

Inchoate crimes are those crimes committed when an intended crime, referred to as the ‘target offense,’ is NOT fully completed or accomplished.

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2
Q

What are the three types of Inchoate crimes?

A
  • Solicitation
  • Attempt
  • Conspiracy
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3
Q

What is the Merger Doctrine for Crimes in General?

A

Under the Merger doctrine, a person will ONLY be charged or convicted of the more serious crime when their conduct satisfies the elements of two crimes.

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4
Q

What is the Merger Doctrine for Inchoate Crimes?

A

If the target offense is COMPLETED,

solicitation and attempt merge with the target offense;

conspiracy is a separate crime that does NOT merge.

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5
Q

What is Solicitation?

A

A person commits solicitation when:

i.) he requests or encourages another person to commit a criminal offense; and
ii.) with the specific intent that the person solicited commit the crime.

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6
Q

When is Solicitation ‘Complete’?

A

The crime of solicitation is complete at the time the solicitation is made, regardless of agreement.

It is NOT necessary for the intended crime to be completed.

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7
Q

What happens if the solicited party completes the target offense?

A

The crime of solicitation merges with the crime solicited, and the solicitor is guilty as an accessory before the fact of the crime committed by the solicitee

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8
Q

What happens if the solicited party only attempts the target offense?

A

The solicitation will NOT merge with the attempted crime, and the solicitor can be charged with both.

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9
Q

What does the ‘Request or Encourage’ element for solicitation include?

A

It includes enticements, urgings, advisements, and demands.

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10
Q

What is ‘To Commit a Criminal Offense’ for solicitation?

A

‘To Commit a Criminal Offense’ encompasses both misdemeanors and felonies.

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11
Q

What is the Mens Rea for Solicitation?

A

The mens rea element is satisfied if the solicitor specifically intends that the solicitee perform the target offense.

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12
Q

Is mere approval of criminal acts enough to satisfy the mens rea element for solicitation?

A

No, mere approval is NOT enough.

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13
Q

Is it necessary for the solicited person to enter into an agreement to commit the requested crime?

A

No, it is unnecessary.

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14
Q

Can a solicitation be achieved through an answering machine or voicemail?

A

Yes, it can be achieved through these means.

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15
Q

Does a request for joint commission of a crime constitute solicitation?

A

Yes, it constitutes solicitation.

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16
Q

Can a solicitor be guilty of solicitation if they could not be convicted of the underlying crime?

A

No, a solicitor may NOT be guilty in such cases.

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17
Q

What are two defenses to Solicitation?

A
  • Voluntary intoxication
  • Unreasonable mistake of fact
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18
Q

Is impossibility for the solicited party to carry out the target offense a viable defense?

A

No, impossibility provides NO defense.

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19
Q

Is renunciation or withdrawal a viable defense to solicitation?

A

No, it cannot be a defense.

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20
Q

What is Attempt?

A

Attempt consists of:

i.) specific intent to commit a criminal act; and
ii.) taking substantial steps beyond mere preparation; but
iii.) falls short of the completed execution.

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21
Q

Does attempt merge into target crimes?

A

Yes, it merges when the target offense is completed.

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22
Q

What is the ‘Significant Overt Act’ element for Attempt?

A

It requires an act of perpetration, not merely an act of preparation.

23
Q

What is the ‘Proximity’ test in relation to the Significant Overt Act?

A

It assesses how close in time and physical distance the defendant was to the target crime.

24
Q

How is the “Significant Overt Act” element satisfied per the “equivocality” test

A

Under the “equivocality” test, defendant’s conduct MUST be such that it can have NO other purpose than the commission of the crime attempted.

25
Q

What is Legal Impossibility?

A

Legal impossibility exists when achieving intended actions would not result in a crime.

This is defense for attempt.

26
Q

What is Factual Impossibility?

A

Factual impossibility is no defense to attempt where the defendant intends a criminal act but cannot accomplish it because of facts unknown to him at the time of the act.

27
Q

Is abandonment or withdrawal a viable defense to an attempt crime?

A

No, once the attempt is complete, it is NOT a defense.

28
Q

Can a voluntary abandonment be a viable defense to attempt crimes?

A

Yes. In a minority of jurisdictions, including MPC jurisdictions, voluntary abandonment is a viable defense to attempt when:
i.) defendant has a true change of heart;
ii.) does not simply give up due to difficulties or an increased likelihood of being caught.

29
Q

Can a complete abandonment be a viable defense to attempt crimes?

A

Yes. In a minority of jurisdictions, including MPC jurisdictions, where complete abandonment
Is a viable defense to attempt crimes when the defendant:
i.) is NOT merely postponing the commission of the crime.

30
Q

What is Conspiracy?

A

Conspiracy occurs when a person:
i.) agrees with one or more other persons to commit a crime;
ii.) specific intent to achieve the objective of the agreement; and
ii.) any conspirator takes an overt act in furtherance of that agreement.

31
Q

Do conspiracy charges merge into the target offense?

A

No, conspiracy does NOT merge into the target offense.

32
Q

A person is NOT a co-conspirator when a defendant:

A

i.) ONLY furnished factual information;
ii.) WITHOUT knowledge of or participation in the planned scheme to commit the crime.

33
Q

What is Actus Reus for Conspiracy?

A

At least two people must share an intent to commit a crime.

34
Q

What are Unilateral conspiracies under the MPC?

A

Unilateral conspiracies do not require an actual agreement; a defendant can be guilty if they intend to commit the crime, but the other party does not intend to actually follow through.

35
Q

Does the agreement between conspirators need to be express?

A

No, it need NOT be express; it can be proved circumstantially.

36
Q

What is the Mens Rea for Conspiracy?

A

It requires both intent to agree and intent to achieve the objective of the agreement.

37
Q

What is Accomplice Liability?

A

A defendant is guilty of the target offense if their co-conspirator commits it, as they aided or abetted in its commission.

38
Q

What is the Pinkerton Doctrine?

A

Under the Pinkerton doctrine, a conspirator is liable for co-conspirators’ crimes if those crimes were foreseeable and furthered the conspiracy’s goals.

Where a conspirator does NOT have the sufficient mens rea for liability as an accomplice, the Pinkerton doctrine provides that each conspirator is liable for the crimes of all the other co-conspirators where the crimes were both:
(1) a foreseeable outgrowth of the conspiracy; and
(2) committed in furtherance of the conspiratorial goal or originally planned crime.
Unawareness may defeat this claim.

39
Q

What is the Wharton Rule?

A

The Wharton Rule states that for crimes requiring two or more participants, conspiracy charges require at least one additional person.

40
Q

What is a chain relationship in conspiracy?

A

A chain relationship exists when several crimes are committed under one large scheme where each member knows of others’ participation.

41
Q

Is it necessary to try more than one conspirator?

A

No, it is NOT necessary.

42
Q

What if all other alleged co-conspirators are acquitted of a conspiracy charge?

A

If all other alleged co-conspirators are acquitted of the conspiracy charge, the remaining alleged co-conspirator MUST also be acquitted, because a conspiracy presumes the participation of at least two parties.

43
Q

Does a co-conspirator need to be present at the commission of each crime?

A

No. A co-conspirator need NOT be present at the commission of each crime.

44
Q

Does the arrest of one co-conspirator automatically terminate the conspiracy where other co-conspirators continue to carry out the goals of the conspiracy?

A

No. The arrest of one co-conspirator does NOT automatically terminate the conspiracy where other co-conspirators continue to carry out the goals of the conspiracy.

45
Q

Is a Member of a Protected Class a viable defense to Conspiracy?

A

Yes, it may avoid a conspiracy charge.

46
Q

Is Impossibility a viable defense to conspiracy?

A

No, it is NOT a defense.

47
Q

Is Abandonment or withdrawal a defense for conspiracy?

A

No, it is NOT a defense.

48
Q

Is impossibility a viable defense to conspiracy?

A

No. Impossibility is NOT a defense to conspiracy.

Impossibility refers to the inability to complete the intended crime.

49
Q

Is abandonment (or withdrawal) a defense for conspiracy?

A

No. Abandonment (or withdrawal) is NOT a defense to a charge of conspiracy.

Withdrawal does not negate the conspiracy charge itself.

50
Q

What must be proven for a defendant to be guilty of conspiracy despite withdrawal?

A

i.) the elements of conspiracy have been proven; and
ii.) evidence of the defendant deciding not to carry through with the target offense is IRRELEVANT.

This indicates that intent at the time of conspiracy formation is crucial.

51
Q

Can a member of a conspiracy withdraw from other crimes committed in furtherance of the conspiracy?

A

Yes, if communicated to ALL co-conspirators.

This means that clear communication is essential for the withdrawal to be effective.

52
Q

Does withdrawal affect the defendant’s liability for crimes already committed?

A

No. The withdrawal does NOT have any effect on the defendant’s liability for any crimes already committed.

Withdrawal severs liability only for crimes committed AFTER the withdrawal.

53
Q

What is the MPC’s rule for withdrawal by a co-conspirator?

A

Withdrawal may be a valid affirmative defense if:
* timely notice is given to all members of the conspiracy
* an affirmative act is performed to ‘thwart’ the success of the conspiracy.

This rule represents a minority view compared to other jurisdictions.

MBE Crim Law (8 decks)

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