Crim - Inchoate Offenses Flashcards
What is the definition of solicitation?
Def: Asking someone to commit a crime (completion unnecessary), with the intent that the crime be committed.
Mental State: Specific intent
What are the required acts for conspiracy?
Required Acts:
An agreement (can be concert of action) between two or more people to commit a crime, plus an overt act (can be merely preparatory) in furtherance of the crime.
Mental State: Specific intent to do two things:
(i) Enter into an agreement and
(ii) accomplish the objectives of the conspiracy.
Completion of the objective is unnecessry
MA Distinction:
Object of conspiracy does not need to be criminal so long as the conduct in question unlawfully creates a STRONG PROBABILITY of harm to an individual or general public.
MA does not require an overt act [agreement is enough].
Can you have a one-person conspiracy?
CL and MA - No, need at least two guilty minds.
*Related: If all other parties are acquired, the last remaining D cannot be convicted.
MPC - Yes, unilateral apporach, D may guilty of conspiracy even if other parties are pretending or acquited.
What is the Wharton Rule regarding conspiracy?
When two or more people are necessary for the commission of the substantive offense, there is no conspiracy unless more parties participate in the agreement then are necessary for the crime.
MA –> Does not follow the Wharton Rule for conspiracies to distribute drugs.
Vicarious Liability and Conspiracy
CL Rule: A defenant will liable for other crimes committed by his co-conspirators so long as those crimes:
(i) were committed in furtherance of the conspiracy’s object and
(ii) were forcible
MA Rule: There is no vicarious liability for co-conspirators crime. To be criminally responsible for co-conspirator’s crimes D must be an accessory or joint venturer.
Can impossibility be a defense to a charge of conspiracy?
NO - Impossibility is never a defense.
What is the required acts for attempt? [MA - CL/Majority - MPC “substantial step”]
General Requirement: Attempt requires an overt act beyond mere preparation.
MA/CL “proximity test: D must engage in conduct that gets “dangerously close” to the commission of the crime.
Majority/MPC “Substantial Step” Test (generous): D must engage in conduct which constitutes a substantial step towards the commission of the crime, provided that conduct strongly corroborates the actor’s criminal purpose. [Generous = prosecution friendly]
What is the required mental state for attempt crimes?
Attempt requires the specific intent to commit the underlying crime.
Can’t attempt reckless, negligence, felony-murder…
Can you withdraw/renounce/abandon for an inchoate crime?
General/MA Rule –> Withdraw is NOT a defense
Exception: Once a D withdraws from a conspiracy he will no longer be vicariously liable for crimes committed by co-conspirators after he left.
Do solicitation, attempt, and conspiracy merge with the completed crime?
Solicitation and Attempt –> NO
Conspiracy –> Yes
