Criminal Law - Inchoate Offenses Flashcards
3 Inchoate Offenses
- Solicitation
- Conspiracy
- Attempt
Solicitation - Definition
When you ask someone to commit a crime, with the intent that the crime be committed
Solicitation - Mental State
Specific Intent
Solicitation - Completion Unnecessary
The crime is in the asking
Note: it doesn’t matter whether the other person agress or crime is committed
Note 2: Doesn’t have to be the asking to do a specific intent crime
Conspiracy - Require Acts (Definition)
An agreement between 2 or more people to commit a crime, plus and overt act in furtherance of the crime
Conspiracy - Required Acts (Agreement)
Need not be “express” can be proved by conduct - a “concert of actions” toward a common goal
Conspiracy - Required Acts (Overt Act)
Any act, even if merely in preparation, performed by any of the co-conspirators
Conspiracy - Mental State
The specific intent to do 2 things:
- Enter into an agreement; and
- to accomplish the objectives of the conspiracy
Conspiracy - Completion Unnecessary
The “essence” of the crime of conspiracy is the agreement; completion of the conspiratorial objective is unnecessary for conviction
Conspiracy - One Person Conspiracy? (Common Law)
NO
Conspiracy - One Person Conspiracy? (Common Law; Bilateral Approach)
There must be at least 2 guilty minds, both of whom actually agree to accomplish the conspiracy’s objectives
Conspiracy - One Person Conspiracy? (Common Law; Related Rule)
If all other parties to the agreement are aquitted the last remaining defendant cannot be convicted
Conspiracy - One Person Conspiracy? (MPC)
Yes. Under the Unilateral Approach of the MPC, a D may be guilty of conspiracy even if the other parties are aquitted or were just pretending to agree
Conspiracy - One Person Conspiracy? (Wharton Rule)
When two or more people are necessary for the commission of the substantive offense, there is no conspiracy unless MORE parties participate in the crime than are necessary for the crime
Conspiracy - Vicarious (“Pinkerton”) Liability
In addition to conspiracy, a D will be held liable for OTHER crimes committed by his co-conspirators, so long as those crimes:
- were committed in furtherance of the conspiracy’s objective, AND
- were foreseeable
Conspiracy - Impossibility
Impossibility is NEVER a defense to a charge of conspiracy
Attempt - Required Acts (General Requirement)
Unlike conspiracy, attempt requires an overt act beyond mere preparation
Attempt - Required Acts (Common Law “Proximity” Test - Better for the D)
The D must engage in conduct that gets dangerously close to the commission of the crime
Attempt - Required Acts (Majority/MPC “Substantial STep” Test - Better for the Prosecution)
The D must engage in conduct that constitutes a substantial step towards the commission of the crime, provided that conduct strongly corroborates the actor’s criminal purpose
Attempt - Mental State (The Rule)
Attempt requires the specific intent to commit the underlying crime
Attempt - Mental State (Unintentional Crimes)
You cannot attempt unintentional crimes, since you cannot intend to do something unintentional. Practically speaking, this means that there are no attempt versions of:
(a) recklessness crimes, OR
(b) negligent crimes, OR
(c) felony murder
Withdrawal / Abandonment / Renunciation - General Rule
Withdrawal is NOT a defense
Withdrawal / Abandonment / Renunciation - Exception
Once a D withdraws from a CONSPIRACY, he will no longer be liable for crimes committed by his co-conspirators AFTER he left the conspiracy
Withdrawal / Abandonment / Renunciation - Exception to the Exception
However, the defendant is still guilty of conspiracy and of all foreseeable crimes committed by his co-conspirators PRIOR to his withdrawal
Merger Rules for Inchoate Offenses
- Solicitation and Attempt merge with the complete crime
- Conspiracy does NOT merge with crime
