5) Inchoate crimes

Question 1

incohate offense: def

Answer 1

incomplete crime

Question 2

incohate offenses: MR

Answer 2

PURPOSE / specific intent to commit the target offense

Question 3

incohate offenses: kinds

Answer 3

1) solicitation
2) attempt
3) conspiracy

Question 4

solicitation: def

Answer 4

crime of trying to get someone else to commit your crime

key: communication

Question 5

attempt: def

Answer 5

crime of “almost” committing a crime

key: D crossed line from preparation to perpetration

Question 6

conspiracy: def

Answer 6

crime of planning to commit crime w someone else

key: evidence that D crossed the line from thinking about crime to preparing to commit the crime

Question 7

solicitation: elements

Answer 7

1) inducing/urging another to commit a target offense
2) intent: solicitor must intend that solicitee do the crime
3) offense is complete when solicitaiton is made

Question 8

solicitation: target offense: CL vs now

Answer 8

CL: target crime had to be felony or breach of peace

now: any offense, inc misdemeanors

Question 9

solicitation: intent

Answer 9

specific intent – purpose

that solicitee perform the crim acts (mere approval not enough)

Question 10

solicitation: offense complete: result

Answer 10

when solicitation made

1) can’t withdraw from the solicitation (crime is complete upon communication)
2) no requirement that solicitee commit target offense

Question 11

solicitation: Merger

Answer 11

IF the solicitee DOES commit the target offense, MERGES –> now solicitor is an accomplish to the crime, NOT solicitor

Question 12

attempt: elements

Answer 12

1) specific intent (purpose) to bring about criminal result
2) significant overt act in furtherance of intent that proves D went past the point of preparation and began perpetration

Question 13

attempt: intent: clarification

Answer 13

must have PURPOSE to commit the target offense

t. offense could be specific or general intent crime

Question 14

attempt: overt act / began perpetration: tests

Answer 14

1) CL (strict)
2) MPC
3) proximity test
4) equivocality test

Question 15

attempt: overt act / began perpetration: CL test

Answer 15

D must perform “last act” nec to achieve intended result

Question 16

attempt: overt act / began perpetration: MPC test

Answer 16

substantial step toward commission of crime, that indicates purpose to actually complete the attempt

acts prior to last act are often sufficient

Question 17

attempt: overt act / began perpetration: proximity test

Answer 17

how close in
time +
physical distance D was to the time/place crime was to be committed

Question 18

attempt: overt act / began perpetration: equivocality test

Answer 18

D’s conduct needed to unequivocally indicate that he was going to complete the target offense

Question 19

attempt: defenses

Answer 19

1) abandonment
2) legal impossibility
3) factual impossibility (not!)

Question 20

attempt: defenses: abandonment: CL vs MPC

Answer 20

CL: not a defense once attempt is complete

MPC: complete and VOLUNTARY abandonment = defense

Question 21

attempt: defenses: legal impossibility

Answer 21

even if you thought something was a crime, if it really wasn’t, you can’t be convicted of attempt

Question 22

attempt: defenses: factual impossibility

Answer 22

NOT A DEFENSE

D would have committed the target offense if facts were as she believed them to be, then guilty of attempt, even if factually impossible to commit the crime (broken gun)

Question 23

conspiracy: elements

Answer 23

1) agreement to create unlawful criminal combination btwn 2+ ppl
2) w the intent to agree, + specific intent (purpose) to commit an unlawful act
3) overt act (modern)

Question 24

conspriacy: overt act: CL vs modern

Answer 24

CL: agreement itself was crime, no requirement to prove overt act

modern: usu require overt act in furtherance of conspiracy

Question 25

overt act: conspiracy vs attempt

Answer 25

conspiracy: can be small -- began preparation to commit attempt must begin PERPETRATION

Question 26

co-conspirator liabiltiy (pinkerton)

Answer 26

each co-conspirator is liable for crimes of all other co-conspirators if crimes were: 1) foreseeable outgrwoth of conspiracy (consider nature of agreement) AND 2) committed in furtherance of the conspiratorial goal

Question 27

co-conspirator liability: chain rship ex

Answer 27

several crimes committed in one large scheme each member explicitly or implicitly knows of other parties participation + community of interest THEN it's a single conspiracy, all liable for crimes of each other

Question 28

co-conspirator liability: wheel + spoke rship ex

Answer 28

if 1 common member (wheel) enters agreements to commit independent crimes w different ppl --> multiple conspiracies, each spoke is connected to the wheel but not to other spkes so NO co-conspirator liability outside of yoru individual conspiracy (multiple conspiracies exist)

Question 29

conspiracy: if 1 conspirator is acquitted: CL vs MPC

Answer 29

CL: then other 1 must be acquitted (need 2 guilty) MPC: ok permit 1 party if the other party is acquitted (or feigned agreement)

Question 30

Wharton rule

Answer 30

if target offense as defined requires 2+ ppl as necessary element THEY cant be cnvicted of conspiracy exception: but if they had a 3rd person then all 3 are guilty of conspiracy

Question 31

conspiracy: defenses

Answer 31

1) withdrawal (CL+MPC) | 2) renunciation (MPC only)

Question 32

conspiracy: defenses: withdrawal

Answer 32

CL+MPC complete + voluntary + timely notice to all co-conspirators result: D not liable for future crimes of co-conspirators, but still liable for conspiracy itself

Question 33

conspiracy: defenses: renunciation

Answer 33

MPC only withdraws + performs affirmative act to thwart success of the conspiracy affirmative defense to the conspiracy itself (+ to future crimes)

Question 34

accomplice liability: conceptual difference

Answer 34

NOT an incohate crime. charged just like the principal. NOT a separate offense.

Question 35

accomplice liability: elements

Answer 35

1) does some act that facilitates principal's commission of crime (or attempt) 2) w PURPOSE (MR) to bring about commission of the crime

Question 36

accomplice liability: intent: exception

Answer 36

minority j: enough for a seller to know he is assisting a crime + benefit from the transaction but usu

Question 37

accomplice liability: facilitates

Answer 37

- -includes encouragement - -can be trivial - -no requirement that it was essential the crime

Question 38

accomplice liability: scope

Answer 38

liable for the crime you purposefully facilitated AND other crimes committed by principal that are: reasonably foreseeable outgrowths of primary crime

Question 39

accomplice liability: reasonably foreseeable outgrowths: def

Answer 39

objective -- not a defense that accomplice did not expect principal to commit the secondary offense

Question 40

accomplice liability: defenses

Answer 40

withdrawal (result: cuts you off from future liaibility)

Question 41

accomplice liability: withdrawal CL

Answer 41

can withdraw if give principal timely notice + nullify effect of prior act

Question 42

accomplice liability: withdrawal MPC

Answer 42

one of these: 1) render prior assistance to perpetrator completely ineffective 2) timely wanr police 3) proper effort to prevent perpetrator from committing crime

Question 43

CL accomplice rules

Answer 43

everyone liable for the full crime even accessory after the fact (now not)

Question 44

principal in the first degree

Answer 44

trigger-puller

Question 45

principal in second degree

Answer 45

aids or abets AND | present at the scene

Question 46

accessory before the fact

Answer 46

not present at scene

Question 47

accessory after the fact: elements

Answer 47

1) felony was completed 2) accessory knew about the felony 3) accessory personally gave aid to felon to hinder apprehnsion/conviction/punishment

Question 48

merger

Answer 48

solicitation: yes attempt: yes conspiracy: no