Criminal Law _ Inchoate Crimes

Question 1

INCHOATE CRIMES (3)

INCHOATE CRIMES

Answer 1

1) Attempt
2) Conspiracy
3) Solicitation

Question 2

Attempt

INCHOATE CRIMES

Answer 2

1) Intent to commit the crime
2) Overt Act or Substantial Step

Question 3

Attempt – Merger

INCHOATE CRIMES

Answer 3

• MERGES into completed crime
• Cannot be guilty of both attempt & the underlying completed crime

Question 4

Attempt – Withdrawal:

INCHOATE CRIMES

Answer 4

• CANNOT withdraw after a Substantial Step

Question 5

Common Law Conspiracy:

INCHOATE CRIMES

Answer 5

1) Two or more people
2) Specific Intent to commit crime
3) Agreement

Question 6

MPC – Unilateral Conspiracy:

INCHOATE CRIMES

Answer 6

• Only ONE person has to agree

Question 7

Co-Conspirator Liability:

INCHOATE CRIMES

Answer 7

• A co-conspirator is liable for all crimes committed in furtherance of conspiracy

Question 8

Conspiracy – Merger:

INCHOATE CRIMES

Answer 8

• Does NOT MERGE into the completed crime
• Guilty of both conspiracy & underlying crime

Question 9

Conspiracy – Withdrawal:

INCHOATE CRIMES

Answer 9

• CANNOT withdraw from the conspiracy
• CAN withdraw from other crimes committed in furtherance on the conspiracy by timely notice to co-conspirators

Question 10

Solicitation:

INCHOATE CRIMES

Answer 10

• Encourage, Urge, or Incite another to commit a crime

Question 11

Solicitation – Merger:

INCHOATE CRIMES

Answer 11

• MERGES into completed crime
• Cannot be guilty of both solicitation & the underlying completed crime

Question 12

Solicitation – Withdrawal:

INCHOATE CRIMES

Answer 12

• CANNOT withdraw

AdaptiTip
* Don’t mix up the Inchoate Crime with the actual crime
* Pay attention to which crime the call of the question is asking you about