Accomplice & Inchoate Offenses

Question 1

Accomplice Liability

Answer 1

Accomplice is one who “aids, advises, or encourages” the principal in the commission of the crime charged. (helper)

Accomplices must have requisite intent that the crime be committed.

Accomplices are liable for the crime itself and all other foreseeable crimes.

Question 2

Accomplices and Withdrawal

Answer 2

If person “encouraged” the crime, the person must repudiate the encouragement

If person “aided”, he must do everything possible to neutralize the assistance

Alternate means, would be to contact the police.

Question 3

Inchoate (incomplete) Crimes: Solicitation

Answer 3

Solicitation is asking someone to commit a crime. The crime ends when you ask them.

• the person need not agree to commit the suggested crime

If the person agrees to do it; it becomes a conspiracy, solicitation DOES merge, and solicitation cannot be charged

Note: Factual impossibility is no defense

Question 4

Inchoate: Conspiracy GR

Answer 4

Conspiracy is an (1) agreement, (2) with an intent to agree, and (3) and intent to pursue an unlawful objective.

Liability does NOT merge with the substantive offense. i.e can be charged with robbery, conspiracy to commit robbery

Question 5

Inchoate: Conspiracy: Liability for Co-Conspirators crimes

Answer 5

Each conspirator is liable for ALL the crimes of co-conspirators if those crimes were committed in furtherance (of conspiracy) and were foreseeable.

2 Fs
FURTHERANCE and FORESEEABILITY

Question 6

Inchoate: Conspiracy: Agreement Req; bilateral v. unilateral

Answer 6

Agreement need not be expressed, implied from conduct sufficient.

Bilateral Approach (CL) - requires two guilty parties (if all have been acquitted but one, that one cannot be convicted for conspiracy). If one person (in 2 party) is merely feigning agreement, the other cannot be guilty.

Unilateral (MPC, Trend) - Only one person needs genuine criminal intent.

Question 7

Inchoate: Conspiracy: Overt Act

Answer 7

Maj - There must be an agreement plus some overt act in furtherance of the conspiracy. (any little act, even mere preparation will suffice)

Min & CL** - Liability only requires the agreement. (apply maj, unless directed otherwise on MBE)

Question 8

Inchoate: Conspiracy: Defenses (or lack of)

Answer 8

Factual impossibility is NOT defense

Withdrawal, even if adequacy, can NEVER relieve the D from liability of the conspiracy itself. The D can withdraw only from liability for other “subsequent” crimes.

Question 9

Inchoate: Attempt

Answer 9

GR: (1) Specific intent plus (2) an overt act in furtherance of the crime.

Overt act for attempt requires a substantial step in furtherance of commission of the crime. (thus mere prep CANNOT be ground for liability)

Question 10

Inchoate: Attempt: Defenses

Answer 10

Abandonement NEVER a defense, once a substantial step has been taken.

MPC - allows for abandonment only if it (1) fully voluntary and (2) for a complete renunciation of criminal purpose.

Legal impossibility is a defense, but factual impossibility is not!
i.e not actually a crime vs. impossible to perform (no bullet in gun).