(6) Criminal Law: Inchoate Crimes Flashcards
Are Inchoate Crimes Specific Intent or General Intent Crimes?
Specific Intent Crimes
What are the Inchoate Crimes?
- Solicitation
- Conspiracy
- Attempt
Which of the Inchoate crimes merge with their greater offense if plausible?
Solicitation and Attempt.
Conspiracy will not merge.
Solicitation
Solicitation is the (1) enticing, encouraging, requesting or commanding of another person; (2) to commit a crime; (3) with specific intent that the crime be committed; (4) AND the other person receives the request.
Does the other person need to agree to commit the crime, for Solicitation to occur?
Solicitation
NO
A Solicitation Defense:
Renunciation
Only under the model penal code is voluntary renunciation a defense if the D thwarts the commission of the solicited crime.
Common Law Rule:
Conspiracy
Conspiracy is (1) an agreement between 2 or more persons; (2) with intent to accomplish an unlawful purpose; (3) AND the commission of an overt act in furtherance of the unlawful objective. (the act must have been a substantial step)
Unlawful purpose = criminal conduct
The act must have been a substantial step.
Modern Trend Rule:
Conspiracy
Same rule except, under modern trend only one person needs to have the requisite intent under common law all parties must have had it.
Aka: one party to the conspiracy can be a cop or pretending to want to commit the crime.
What crimes are co-conspirators liable for?
Conspiracy
Co-conspirators are liable for both the conspiracy and all foreseeable crimes committed by other co-conspirators in furtherance of the conspiracy.
What are the defenses to Conspiracy?
- Wharton’s Rule
- Withdrawal
- Legal Impossibility
Wharton’s Rule
Defendants cannot be found liable for conspiracy if the offense in question requires at least 2 parties for it to be committed.
Conspiracy Defense
Withdrawal
Under modern trend a party may withdraw before the overt act by providing notice of their intent not to participate with the other co-conspirators or by informing the police about the agreement.
Conspiracy Defense:
Legal Impossibility
Legal impossibility is a defense if even with all facts being true, legally, the intended act is not criminal in nature.
Attempt
A person is guilty of attempt if the person (1) had the specific intent to commit a crime; AND (2) took an overt act (sufficiently beyond mere preparation which means a substantial step toward completion of the crime).
