Attempt Flashcards
What is the difference between attempt and conspiracy?
Attempt requires an overt act beyond mere preparation (unlike conspiracy)
NY QUESTION
What constitutes an overt act under the proximity test? (NY and CL)
Conduct that gets dangerously close to the commission of the crime (not dangerously close if haven’t located the victim)
What constitutes an overt act under the substantial step test? (Majority/MPC)
- Conduct that constitutes a substantial step towards the commission of the crime
- That strongly corroborates the actor’s criminal purpose
What is the MR for attempt liability?
Specific intent to commit the underlying crime (can’t attempt unintentional crimes)
For what types of crimes can attempt not be charged? (3)
- Recklessness crimes
- Negligence crimes
- Felony murder
What defense to accomplice/conspiracy liability is unavailable for attempt?
Withdrawal not a defense to inchoate offenses
What is the effect of withdrawal on conspiracy liability in Pinkerton jurisdictions?
Once D withdraws from conspiracy, Pinkerton liability stops going forward
BUT, still liable for conspiracy and for crimes committed by co-conspirators before withdrawal
NY QUESTION
In NY, what crimes does withdrawal serve as a defense to?
Withdrawal is affirmative defense to solicitation and conspiracy
NY QUESTION
What are the elements of a withdrawal defense in NY?
- D completely and voluntarily renounces AND
- Prevents the commission of the underlying crime
NY QUESTION
What is the NY rule for abandonment?
Abandonment is an affirmative defense to attempt if:
- D completely and voluntarily renounces AND
- As a result, does not commit the underlying crime
What is the merger doctrine?
Solicitation and attempt merge with the completed crime Conspiracy does not merge (*** bar favorite)
NY QUESTION
What offense does not merge in NY?
Solicitation does not merge in NY
