Crim L - Inchoate

Question 1

Merger doctrine

Answer 1

D can be convicted of either an inchoate crime or merged (completed) crime but not both

Question 2

Solicitation

Answer 2

Asking, inducing, urging or otherwise encouraging another to commit an actual crime (no attempt)

Question 3

Defense to solicitation

Answer 3

Renunciation (MPC) if D prevents commission of rime.
Withdrawal usually NOT a defense

Question 4

Attempt

Answer 4

An intent to bring about a criminal outcome + an act beyond mere preparation in furtherance of that intent

MPC: Substantial step

Question 5

Defenses to Attempt

Answer 5

Abandonment
Legal Impossibility

NOT Factual Impossibility

Question 6

Conspiracy

Answer 6

Requires
1) an agreement between 2+ person to commit a crime
2) an intent to enter into such an agreement
3) an intent to achieve same objective of the agreement*
4) overt act in furtherance of conspiracy. Mere preparation will not suffice (MPC)

*check stake to evaluate intent to achieve same objective

Question 7

Conspiracy: Will tacit understanding suffice?

Answer 7

Yes. No express words or awareness needed.

Question 8

Conspiracy: One-person conspiracies allowed?

Answer 8

Only in MPC not in common law.

Question 9

Conspiracy: Does merger apply?

Answer 9

No. Does not merge with completed crime.

Question 10

Pinkerton Doctrine

Answer 10

Each conspirator is liable for the crimes of all other co-conspirators 1) where the crimes were a foreseeable outgrowth of the conspiracy; and
2)Committed in furtherance of the conspiratorial goal

Question 11

Wharton rule

Answer 11

Where 2+ people needed to commit offense, no conspiracy unless the agreement involves another not essential to the crime

E.g. guilty of dueling, not conspiracy to duel, unless a 3rd person existed

Question 12

Defense to conspiracy: CL

Answer 12

Withdrawal
May only cut off further liability if withdrawal is timely communicated to co-conspirators

Factual impossibility not defense

Question 13

Defense to conspiracy: MPC

Answer 13

Withdrawal
Renouncing party must give timely notice to all members + affirmatively thwart conspiracy

Factual impossibility not defense

Question 14

Accomplice liability generally

Answer 14

D is liable as accomplice if 1) he aided or encouraged (or omitted action with duty to act) the principal’s commission of a crime,
With 2) intent to encourage the principal to commit the crime

*Mere presence insufficient for aiding

Question 15

Accomplice liability: extent of liability for principal’s crimes

Answer 15

An accomplice is liable to same extent as principal for the crime counseled and for any other crimes by the principal that were probable or foreseeable (objectively natural consequences of the crime assisted)

Question 16

Accessory before the fact

Answer 16

Aids or abets but is not present at the commission of criminal act

Question 17

Accessory after the fact

Answer 17

Knows of felony and hinders capture of felon.

Can also be liable for compounding crime.

Question 18

Accomplice liability: CL defense

Answer 18

Withdrawal

With timely notice to principal + nullify prior assistance can cut off future liability

Question 19

Accomplice liability: MPC defense

Answer 19

Withdrawal

1) Render prior assistance ineffective, OR
2) Provide police with timely warning, OR
3) Make a proper effort to prevent perpetrator from committing crime

Question 20

Accomplice liability: can member of protected class be co-conspirator or an accomplice to commit a crime designed to protect that class?

Answer 20

No.

Question 21

Defense to Inchoate Crimes Generally

Answer 21

Specific intent defenses

Any type of intoxication or reasonable/unreasonable mistake of fact